In suing Amazon, the CPSC has followed logic already tested out by some consumers and brand owners that have sought to hold the e-commerce giant responsible for hazardous and counterfeit products sold through third parties on its website.
As one example, Amazon was sued by a customer after a dog leash sold on its Marketplace malfunctioned, retracted and blinded the customer. In 2019, a split group of federal circuit judges, in arguing for the company’s liability, pointed to Amazon’s extensive involvement in the sale process for third-party sellers on its site.