Amazon busca que se considere «inconstitucional» a la Comisión de Seguridad de los Productos de Consumo.
Amazon is suing the Consumer Product Safety Commission for its decision to hold the legal company responsible for defective products on its platform, as reported by the Associated Press. Amazon’s argument demands that the shipping giant be considered a «third-party logistics provider» rather than a distributor and also deems the CPSC «unconstitutionally constructed.»
The legal battle can be traced back to 2021 when the CPSC sued Amazon to force it to recall carbon monoxide detectors, unsafe hair dryers, and flammable children’s clothing. At that time, Amazon had already taken some steps to address the issue, such as informing customers who purchased the products that they are dangerous and offering store credit, but the CPSC wanted the company to go further.
The CPSC’s 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. The FBA allows sellers to send their products to Amazon warehouses, where Amazon handles picking, packing, and shipping these products to customers, along with services like customer and return service. Amazon challenges its classification as a distributor because it does not own or create the defects that CPSC is concerned about, considering it more like a practical FedEx.
In addition to wanting to be reclassified and not be responsible for issuing multiple refunds, Amazon also has issues with the CPSC itself. CPSC commissioners are appointed by the president, approved by the Senate, and serve for seven years unless removed for «neglect of duty or malfeasance in office.» Amazon believes the relative immunity of the commission is unconstitutional and turns them into «judge, jury, and prosecutor» in proceedings.
Amazon has made similar claims regarding the National Labor Relations Board, the organization responsible for protecting workers’ rights to unionize. The timing of these complaints is crucial. The Trump administration is not particularly interested in maintaining a government body empowered to regulate businesses and seems to be siding with Amazon in discouraging the CPSC, one way or another.
This article originally appeared on Engadget in.
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