Amazon wants the Consumer Product Safety Commission deemed ‘unconstitutional’
Amazon is suing the Consumer Product Safety Commission over its decision to hold the company legally responsible for faulty products on its platform, The Associated Press reports. Amazon’s suit demands that the shipping giant be considered a “third-party logistics provider” instead of a distributor and also calls the CPSC “unconstitutionally constructed.”
The origins of the legal fight can be traced back to 2021, when the CPSC sued Amazon to force it to recall faulty carbon monoxide detectors, unsafe hair dryers and flammable children’s sleepwear. At the time, Amazon had already taken some steps to address the issue, like informing customers who purchased the products that they were hazardous and offering store credit, but the CPSC wanted the company to go further.
The CPSC move to classify Amazon as a distributor in 2024 made the company responsible for issuing recalls and refunds for products sold through its Fulfilled by Amazon (FBA) program. FBA lets sellers send their products to Amazon warehouses, where Amazon then handles picking, packing and shipping those products to customers, along with things like customer service and returns. Amazon takes issue with its classification as a distributor because it doesn’t own or make the faulty products the CPSC is concerned with — it sees itself as more of a hands-on FedEx.
Besides wanting to be reclassified and not held responsible for issuing more refunds, Amazon also has problems with the CPSC itself. The CPSC’s commissioners are appointed by the President, approved by the Senate and serve for seven years, unless they’re removed for “neglect of duty or malfeasance in office.” Amazon feels the commission’s relative invulnerability is unconstitutional and makes them “judge, jury, and prosecutor” in proceedings.
Amazon’s made similar claims about the National Labor Review Board, the organization in charge of protecting workers’ right to unionize. The timing of these complaints is key. The Trump administration is not particularly interested in maintaining any government organization empowered to regulate business, and it seems likely it will side with Amazon in disempowering the CPSC, one way or another.
