U.S. Consumer Product Safety Commission Finds Amazon Responsible for Hazardous Products Sold by Third-Party Sellers

Product Liability attorneys Robert Tonn and William Ringhofer co-authored an article featured in The Global Trade Law Journal about the U.S. Consumer Product Safety Commission's (CPSC) recent decision regarding Amazon's liability for hazardous products sold by third-party sellers. The article discusses the CPSC's unanimous ruling that the company's "Fulfilled by Amazon" program renders the e-commerce giant a "distributor" subject to regulation under the Consumer Product Safety Act (CPSA). This decision makes Amazon potentially liable for hundreds of thousands of hazardous products sold through its platform and responsible for their recall. The authors explain the case background, Amazon's arguments and the CPSC's rejection of those arguments. They also explore the potential legal implications for other online marketplaces, suggesting that this ruling could set a significant precedent for e-commerce sites, potentially subjecting them to similar notice, reporting, replacement and recall obligations as traditional retailers.

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