Last week, Amazon filed a lawsuit against the Consumer Product Safety Commission (CPSC), challenging the agency's order to recall and remedy over 400,000 hazardous products sold through its Fulfilled by Amazon program. This legal action follows the CPSC's July 2024 decision, which determined that Amazon was acting as a "distributor" under the Consumer Product Safety Act (CPSA) and therefore bore responsibility for recalling defective products sold on its platform. The products in question included children's clothing that violated flammability standards, faulty carbon monoxide detectors, and hairdryers lacking adequate electrocution protection. In January 2025, CPSC issued a decision and order, outlining steps Amazon must take to notify consumers about the subject hazardous products.

Amazon's lawsuit argues that it is merely a logistics provider rather than a distributor, claiming this status exempts Amazon from CPSC’s recall mandates. Amazon further argues the CPSC’s structure is unconstitutional. If Amazon prevails, it may set a dangerous precedent, including limiting the liability of online marketplaces for products sold on their platforms.

“Americans deserve safe products,” said Courtney Griffin, Director of Consumer Product Safety at Consumer Federation of America. “I am truly concerned by Amazon’s decision to file a lawsuit against the CPSC. The CPSC mission is to protect Americans from unreasonable risk of injury and death associated with consumer products. This lawsuit could set a dangerous precedent, undermining the very agency designed to safeguard us. We must hold all companies accountable, including online marketplaces that generate extraordinary profits from American families. We must ensure that product safety remains a top priority.”