New Release by Attorney Don Fountain: Advocating for Consumer Safety.

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New Release by Attorney Don Fountain: Advocating for Consumer Safety.

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Mon 27th Jan | 2025

A New Era for Consumer Safety: What Amazon’s CPSC Ruling Means for You

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Amazon, the world’s largest retailer, is now legally required to post product safety recalls and defect alerts—a monumental shift in consumer protection. On January 26, 2025, a new rule from the U.S. Consumer Product Safety Commission (CPSC) took effect, officially designating Amazon as a “distributor” and part of the “chain of distribution.” This classification makes the online platform accountable for monitoring and notifying consumers of product defects, a responsibility it has long avoided.

Historically, Amazon has claimed it functions like USPS or FedEx, merely facilitating deliveries, not distributing products. Courts often agreed. However, the CPSC’s decision acknowledges that Amazon’s role is far closer to that of traditional retailers like Costco, where the sale and distribution of products are directly tied to their operations.

This ruling closes a significant gap in consumer safety and sets a new standard for accountability in e-commerce.

Why the Ruling Matters

Early defect warning is critical to the safety of the public. Every year, thousands of products are recalled for serious safety issues, yet many consumers remain unaware of the dangers and sales of defective products continue. Recent recalls include a corn puff snack with an undeclared milk allergen and a Lexmark printer with a fire risk. These hazards often persist because platforms like Amazon previously had no obligation to notify customers or assist in addressing defects.

The new rule changes that dynamic. As of January 26, 2025 Amazon must actively notify customers of product defects and recalls through:

  • Emails sent directly to affected customers.
  • Updates to individual “Your Orders” pages.
  • A dedicated “Recall and Safety Alerts” section on its website, which will archive information for five years.

This early notice system ensures consumers are quickly informed about safety issues and provided with clear instructions for safe disposal and refunds.

A Safer Marketplace

Amazon’s designation as a distributor brings significant responsibility. Unlike a delivery service, Amazon curates product listings, processes payments, and ships goods, directly connecting it to the products it sells. This ruling acknowledges Amazon’s critical responsibility and role in ensuring consumer safety.

For shoppers, this accountability translates to faster defect identification and recall implementation. The CPSC also requires Amazon to integrate into its Fast Track Recall program by March 2025, which will expedite notifications and resolutions for defective products. These measures aim to reduce injuries, prevent fatalities, and improve trust in online marketplaces.

The Public’s Role in Consumer Safety

While this ruling strengthens protections, consumers remain a vital part of the safety ecosystem. Reports from individuals often spark the recall process, creating a feedback loop that benefits everyone.

If you encounter a defective product, take action by reporting it to:

  • The Manufacturer: Notify them directly to ensure defects are documented.
  • SaferProducts.gov: The CPSC’s official database.
  • Amazon’s Recall and Safety Alerts page: Even if you didn’t buy the product there, your report can help protect others.

The importance of consumer reports cannot be overstated. When one person identifies an issue, it can prevent countless others from experiencing the same problem.

Amazon’s Response and Industry Implications

Amazon has expressed disappointment with the CPSC’s ruling, calling it duplicative of its existing safety measures. The company plans to appeal the decision, but the implications are clear: online marketplaces must step up to ensure product safety.

This decision sets a powerful precedent for other e-commerce platforms. By holding Amazon to the same standards as traditional retailers, the CPSC has redefined accountability in the digital age. Other marketplaces will likely face increased pressure to adopt similar practices, creating a safer retail environment for everyone.

Looking Ahead

The January 26 ruling marks a turning point in consumer safety. For the first time, the largest online retailer in the world is legally obligated to prioritize the safety of its customers. By March 2025, Amazon’s full participation in the CPSC’s Fast Track Recall program will provide even greater protection, setting a new standard for e-commerce accountability.

This decision is more than a legal ruling—it’s a victory for transparency, accountability, and the millions of consumers who rely on online platforms. With these protections in place, the marketplace becomes safer for everyone, one recall at a time.

Don Fountain, founding partner of Clark, Fountain, Littky-Rubin & Whitman, is a nationally recognized authority in product liability and catastrophic injury litigation. A board-certified civil trial attorney and certified by the Civil Trial Law National Board of Trial Advocacy, Don has over three decades of experience delivering justice for victims and driving critical safety reforms. He has secured landmark verdicts and settlements in cases involving automotive defects, consumer goods, and industrial equipment, holding corporations accountable for negligence. Named Lawyer of the Year by Best Lawyers in America in 2015, 2019, 2021, and 2024, Don’s work has led to systemic change and safer products.