Amazon has filed a lawsuit against the Consumer Product Safety Commission (CPSC) over its decision to hold the company legally accountable for defective products sold on its platform.
In its suit, Amazon argues that it should be classified as a “third-party logistics provider” rather than a distributor. The company also claims that the CPSC is “unconstitutionally constructed.”
This legal battle dates back to 2021, when the CPSC sued Amazon in an attempt to force it to recall hazardous carbon monoxide detectors, unsafe hair dryers, and flammable children’s sleepwear.
At the time, Amazon had already taken some action, such as notifying customers who had purchased the items about the safety risks and offering store credit. However, the CPSC insisted that the company take further steps.
In 2024, the CPSC formally classified Amazon as a distributor, making it responsible for issuing recalls and refunds for products sold through its Fulfilled by Amazon (FBA) program.
Under FBA, third-party sellers send their products to Amazon warehouses, where the company handles order fulfillment, shipping, customer service, and returns.
Amazon (Photo: AP)Amazon disputes this classification, arguing that it does not manufacture or own the faulty products in question and should instead be viewed as a logistics provider, similar to FedEx.
Beyond seeking reclassification and relief from refund obligations, Amazon is also challenging the structure of the CPSC itself. The commission’s five members are appointed by the President, confirmed by the Senate, and serve seven-year terms unless removed for “neglect of duty or malfeasance in office.”
Amazon contends that this level of independence is unconstitutional, claiming that the agency effectively serves as “judge, jury, and prosecutor” in regulatory matters.
Amazon has made similar arguments regarding the National Labor Relations Board (NLRB), the agency responsible for safeguarding workers’ rights to unionize. The timing of these challenges is significant.
The Trump administration has shown little interest in preserving regulatory agencies that oversee business practices, making it likely that it will support Amazon’s efforts to weaken the CPSC’s authority.
