Amazon is suing the U.S. Consumer Product Safety Commission over its decision to hold the company legally liable for defective products on its platform, the Associated Press reports. In the lawsuit, Amazon demands that the shipping giant be considered a “third-party logistics provider” rather than a distributor, and also calls the CPSC “unconstitutionally constructed.”
The origins of the legal battle can be traced back to 2021, when the CPSC sued Amazon to force it to recall faulty carbon monoxide detectors, dangerous hair dryers, and flammable baby sleepwear. At the time, Amazon had already taken some steps to address the issue, such as informing customers who purchased these products that they were dangerous and offering a credit, but the CPSC wanted the company to go further.
The CPSC’s decision to classify Amazon as a distributor in 2024 made the company responsible for recalls and refunds for products sold through its Fulfilled by Amazon (FBA) program. FBA allows sellers to ship their products to Amazon’s warehouses, where Amazon then handles the selection, packaging, and shipping of those products to customers, as well as customer service and returns. Amazon does not agree with being classified as a distributor because it is not the owner or manufacturer of the defective products that the CPSC is concerned about – it considers itself to be more of a hands-on FedEx.
In addition to wanting to be reclassified and not be responsible for issuing more refunds, Amazon also has issues with the CPSC itself. Members of the CPSC are appointed by the President, confirmed by the Senate, and serve for seven years unless they are removed for “neglect of duty or malfeasance.” Amazon believes that the commission’s relative invulnerability is unconstitutional and makes it “judge, jury, and prosecutor” in litigation.
Amazon has made similar claims against the National Labor Council, the organization responsible for protecting workers’ right to organize. The timing of these complaints is key. The Trump administration is not particularly interested in preserving any governmental organization with the power to regulate business, and it seems that it will side with Amazon one way or another in stripping the CPSC of its powers.
