Online Retail Giant Help Responsible for Faulty Products
SAN DIEGO (August 1, 2024) – Marking a game changing victory for consumers, the U.S. Consumer Product Safety Commission (CPSC) has issued a unanimous Decision and Order against Amazon.com, Inc – a move that holds the global ecommerce giant legally responsible for the recall of defective or faulty products it distributed through its Fulfillment by Amazon service.
According to CaseyGerry Partner, Jeremy Robinson, who secured a precedent-setting decision against Amazon in Bolger v. Amazon.com (2020) 53 Cal.App.5th 431 (cited in the CPSC ruling) – a case which held Amazon strictly liable for a defective battery sold on its virtual marketplace – this a groundbreaking ruling holding Amazon responsible when it distributes products that fail to meet federal safety standards. “Amazon, not third-party sellers, must now recall hazardous products. Consumers across the nation will feel the impact of this order, which could lead to significant changes in online shopping habits.”
The products 400,000 subject to recall include faulty carbon monoxide detectors, hairdryers and children’s sleepwear.
Robinson, who has worked on multiple appeals involving Amazon, has also worked tirelessly behind the scenes on proposed legislation aimed at holding online marketplaces to the same standard as traditional retailers. Robinson’s successful appeals against Amazon have been cited by the CPSC and helped lay important ground work for this week’s order.
Under the Commission’s Decision and Order, Amazon must submit proposed plans to notify consumers and the public about the hazardous products, and to remove the products from commerce by incentivizing their return or destruction. Read the full CSPC press release here.
