Amazon Seller News: How to Handle Products Wrongly Marked For Recall
If your products have been wrongly marked for recall by the Consumer Safety Protection Commission (CPSC), Amazon will likely act to remove them from their platform. Despite you being perfectly compliant with regulations, you are punished for being wrongly associated with the recalled products. In this blog, we walk you through the increased enforcement of safety testing on Amazon, including how to get your products restored when they are wrongly marked as part of a consumer safety recall.
Amazon Safety Testing Requirements
For products marketed to children, medical products, and other products that could potentially cause harm to their users if manufactured improperly, Amazon requires proof of safety testing in order to be sold on their platform. In recent weeks, we have seen an uptick of Amazon requesting to verify safety testing for these types of products, even when you are a verified reseller and not the brand owner.
This can create problems for resellers, especially those that do not have access to the safety testing information that they would be required to provide to get reinstated. This does not mean that these sellers cannot be reinstated, but rather that they are required to fill out exemptions or use publicly available testing information to assert product safety. These developments in strategy have been key responses for independent sellers.
Consumer Safety Protection Commission Recalls
When the CPSC issues a recall for a product, platforms like Amazon are obligated to seek out purchasers of said product in order to alert them to any potential safety issues. If they fail to do so properly, they can face liability if that product causes a customer harm. Occasionally we see cases in which the CPSC wrongly marks a compliant product for recall, leading to an Amazon suspension.
If this is the case for you, it is key to attempt resolving the issue through both the CPSC directly and Amazon. This is because if your product is removed from the CPSC, getting it reinstated on Amazon will be much easier. Working with the CPSC involves contacting the relevant compliance officer and providing safety testing documentation that shows your product is okay for consumers.
For sellers who have attempted to negotiate with compliance officers and are unsuccessful, you can also work directly with Amazon. By creating an appeal to your ASIN suspension that shows the same safety testing documentation, it is possible to reinstate your products even if they are wrongly listed by the CPSC. The keys are showing that your product is different from those that are subject to the recall, and that your product is safe for consumer use.
Contact Amazon Sellers Lawyer Today!
The team at Amazon Sellers Lawyer brings our decade of experience to every case that we take. This experience is what allows us to constantly innovate strategies in response to increased enforcement on the part of Amazon. If you are currently facing account or product suspension as a result of consumer safety or other compliance issues, contact our team today. Give us a call at 212-256-1109, or fill out our online form here.
About the Author
CJ Rosenbaum, Esq.
CJ Rosenbaum is the founding partner of Amazon Sellers Lawyer. He’s been practicing law since 1995, and since 2016 his firm has focused exclusively on helping Amazon sellers deal with issues like suspensions, intellectual property disputes, and withheld funds.
CJ has written six books on Amazon seller legal issues including the Amazon Sellers’ Guide to Copyright Law. He has spoken at major industry events like the Prosper Show, Global Sources Summit, Retail Global. CJ also works with the Amazon Sellers Lawyer team to provide free content for Amazon sellers. This is available through their online blog and YouTube channel, frequently covering major Amazon updates and important topics relevant to the seller space.
Through BrandProtectionAmazon.com, the firm also supports brands in protecting their products. This gives the team the unique opportunity to learn from case wins on both sides of the fence, strengthening protection for both the sellers and brands that Rosenbaum & Segall P.C. represents.
Amazon repeatedly rejecting your Plan of Action? Amazon Sellers Lawyer handles suspension appeals and account reinstatement cases – including arbitration against Amazon when they’re withholding seller money. Contact us to discuss your situation and figure out the best path forward.