Amazon has initiated a lawsuit against the US Consumer Product Safety Commission (CPSC) concerning the recall responsibilities for hazardous products sold on its marketplace. The CPSC claims Amazon is accountable for recalling dangerous items, including flammable children's pajamas and faulty carbon monoxide detectors, which Amazon disputes, asserting it merely functions as a logistics provider without ownership of the products. As the legal battle unfolds, Amazon also raises constitutional concerns regarding the CPSC's authority. The outcome may significantly impact how e-commerce platforms manage product safety.
The law is clear that Amazon is a 'distributor' in this case and must carry out a recall, said William Wallace, the director of safety advocacy for Consumer Reports.
Though Amazon removed the products in question and sent notifications to buyers, the CPSC alleged it 'downplayed the severity of the hazard.'
Amazon classifies itself as a third-party logistics provider that does not manufacture, own, or sell those products.
Amazon claims the CPSC's structure is unconstitutional, allowing commissioners to act as judge, jury, and prosecutor in the same proceeding.
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