WASHINGTON, DC – Consumer Federation of America (CFA), Kids In Danger (KID), Public Citizen, U.S. Public Interest Research Group (U.S. PIRG), National Center for Health Research, and Safe Infant Sleep applaud the U.S. Consumer Product Safety Commission (Commission)’s unanimous Decision and Order determining Amazon is a “distributor” of certain defective or non-compliant products and therefore responsible for the products’ recalls. Under this Decision and Order, Amazon must submit plans to notify consumers about specific hazardous products and incentivize the products’ return or destruction. This important decision will save lives by reducing the sale of dangerous products through Amazon’s third parties. The Commission’s order impacts more than 400,000 products sold by third party sellers through the Fulfilled by Amazon program. The products subject to the order are defective carbon monoxide detectors, hair dryers without electrocution protection, and children’s sleepwear that fails to meet federal safety standards.
This positive development for consumer safety comes after a lengthy administrative process. In July 2021, the Commission authorized an administrative complaint to seek a determination that Amazon acted as a distributor under the Consumer Product Safety Act (CPSA) for products sold through the Fulfilled by Amazon program. Under the CPSA, the Commission can require distributors to warn consumers about risks and provide remedies. Amazon argued that it was not a distributor and not responsible to warn consumers or provide remedies. Amazon also asserted that messages about potential safety issues to consumers and Amazon credits were sufficient to remedy product hazards. An administrative law judge agreed with the Commission and determined Amazon was a distributor and must remediate substantial product hazards in the subject case. Today’s order comes after both parties appealed portions of the judge’s decision. Now, after today’s order, Amazon must submit proposals to the Commission about how to notify consumers regarding hazards and provide refunds and replacements.
“The rapid rise of e-commerce presents real safety challenges for consumers,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “Regardless of where and how they shop, consumers deserve safe products. The Commission’s order is a critical step forward for consumers.”
“KID strongly supports the CPSC’s order that will provide a means of recalling these products and making consumers whole,” stated Nancy Cowles, executive director of Kids In Danger. “In the case of products in the Fulfilled by Amazon program, this decision makes clear Amazon is a distributor and should take responsibility to protect consumers from hazardous products sold on their site.”
“Consumers deserve accurate information about products with known risks, whether those products are for children, adults, or families. This order is an important step toward providing consumers with the information that they need to make informed choices before they make purchases that could put them at risk,” explained Dr. Diana Zuckerman, president of the National Center for Health Research.
“When a customer buys a product, they expect to be getting something that’s safe,” said Martha Perez-Pedemonti, Civil Justice and Consumer Rights Counsel for Public Citizen’s Congress Watch division. “Today’s ruling from the CPSC is a huge win for consumers who have unwittingly purchased unsafe products, and it will ensure that online retailers like Amazon meet minimum standards for product safety moving forward.”
“The only way to ensure the safety of consumers from dangerous or defective products is to hold every party involved responsible, from manufacturers to distributors and retailers. This decision represents a significant and necessary step towards achieving that goal, reinforcing the principle that public safety must come before profit,” shared Michelle Barry, President of Safe Infant Sleep.
“Amazon is responsible for nearly 40% of all e-commerce in this country,” said Teresa Murray, Consumer Watchdog Director at U.S. PIRG. “This order is about making sure Amazon is just as accountable as every other company that sells products to consumers who often think that if something is for sale, it must be safe.”
Consumer Federation of America (CFA) is an association of nearly 200 non-profit consumer organizations that was established in 1968 to advance the consumer interest through research, advocacy, and education.
Kids In Danger (KID) is a nonprofit organization dedicated to protecting children by fighting for product safety. Our mission is to save lives by enhancing transparency and accountability through safer product development, better education, and stronger advocacy for children.
National Center for Health Research is a nonprofit research center that uses research to improve the safety of medical and consumer products and to provide patients and consumers with the information they need to make informed choices.
Public Citizen is a consumer advocacy organization with more than 500,000 members and supporters nationwide. It represents the public interest through legislative and administrative advocacy, litigation, research, and public education on a broad range of issues that include product safety and consumer rights in the marketplace.
Safe Infant Sleep is a nonprofit organization committed to preventing sleep-related infant deaths. Their mission is to empower families and communities to create safe sleeping environments through comprehensive education, peer-to-peer support, and unwavering advocacy for safer products and practices.
U.S. PIRG Education Fund is an independent, non-partisan group that works for consumers and the public interest. Through research, public education and outreach, we serve as counterweights to the influence of powerful special interests that threaten our health, safety or well-being.