Amazon failed to adequately alert much than 300,000 customers to superior risks—including decease and electrocution—that US Consumer Product Safety Commission (CPSC) investigating recovered with much than 400,000 products that 3rd parties sold connected its platform.
The CPSC unanimously voted to clasp Amazon legally liable for third-party sellers' defective products. Now, Amazon indispensable marque a CPSC-approved program to decently callback the unsafe products—including highly flammable children's pajamas, faulty c monoxide detectors, and unsafe hairsbreadth dryers that could origin electrocution—which the CPSC fears whitethorn inactive beryllium wide utilized successful homes crossed America.
While Amazon scrambles to devise a plan, the CPSC summarized the ongoing risks to consumers:
If the [products] stay successful consumers’ possession, children volition proceed to deterioration sleepwear garments that could ignite and effect successful wounded oregon death; consumers volition unwittingly trust connected defective [carbon monoxide] detectors that volition ne'er alert them to the beingness of deadly c monoxide successful their homes; and consumers volition usage the hairsbreadth dryers they purchased, which deficiency immersion protection, successful the bath adjacent water, leaving them susceptible to electrocution.
Instead of recalling the products, which were sold betwixt 2018 and 2021, Amazon sent messages to customers that the CPSC said "downplayed the severity" of hazards.
In these messages—"despite conclusive investigating that the products were hazardous" by the CPSC—Amazon lone warned customers that the products "may fail" to conscionable national information standards and lone "potentially" posed risks of "burn injuries to children," "electric shock," oregon "exposure to perchance unsafe levels of c monoxide."
Typically, a distributor would beryllium required to specifically usage the connection "recall" successful the taxable enactment of these kinds of messages, but Amazon dodged utilizing that connection entirely. Instead, Amazon opted to usage overmuch little alarming taxable lines that said, "Attention: Important information announcement astir your past Amazon order" oregon "Important information announcement astir your past Amazon order."
Amazon past near it up to customers to destruct products and explicitly discouraged them from making returns. The e-commerce elephantine besides gave each affected lawsuit a acquisition paper without requiring impervious of demolition oregon adequately providing nationalist announcement oregon informing customers of existent hazards, arsenic tin beryllium required by instrumentality to guarantee nationalist safety.
Further, Amazon's messages did not see photos of the defective products, arsenic required by law, and provided nary mode for customers to respond. The committee recovered that Amazon "made nary effort" to way however galore items were destroyed oregon adjacent bash the minimum of monitoring the "number of messages that were opened."
Amazon inactive thinks these messages were due remedies, though. An Amazon spokesperson told Ars that Amazon plans to entreaty the ruling.
"We are disappointed by the CPSC’s decision," Amazon's spokesperson said. "We program to entreaty the determination and look guardant to presenting our lawsuit successful court. When we were initially notified by the CPSC 3 years agone astir imaginable information issues with a tiny fig of third-party products astatine the halfway of this lawsuit, we swiftly notified customers, instructed them to halt utilizing the products, and refunded them."
Amazon’s “Sidestepped” Safety Obligations
The CPSC has further concerns astir Amazon's "insufficient" remedies. It is peculiarly acrophobic that anyone who received the products arsenic a acquisition oregon bought them connected the secondary marketplace apt was not informed of superior known hazards. The CPSC recovered that Amazon resold faulty hairsbreadth dryers and c monoxide detectors, proving that secondary markets for these products exist.
"Amazon has made nary nonstop effort to scope consumers who obtained the hazardous products arsenic gifts, hand-me-downs, donations, oregon connected the secondary market," the CPSC said.