The agency says Amazon must recall unsafe products sold by independent sellers

Amazon is a Third-party Logistics Provider and Cannot Be Litigated for Product Safety? A Report on Ars Technica & the Consumer Product Safety Commission

Amazon had argued that it was just a “third-party logistics provider” and that it “bore no responsibility for the safety of the products sold under its Fulfilled by Amazon program,” according to the CPSC.

Children will continue to wear sleepwear garments that could ignite and result in injuries or death if the products remain in the hands of consumers; consumers will rely on substandard detectors that will never alert them to the presence of carbon monoxide in their homes; and consumers will be deceived into thinking that there is

Typically, a distributor would be required to specifically use the word “recall” in the subject line of these kinds of messages, but Amazon dodged using that language entirely. Instead, Amazon opted to use much less alarming subject lines that said, “Attention: Important safety notice about your past Amazon order” or “Important safety notice about your past Amazon order.”

This story originally appeared on Ars Technica, a trusted source for technology news, tech policy analysis, reviews, and more. Ars is owned by a company called Condé Nast.

Customers were left to destroy products and be discouraged from returning them. The e-commerce giant also gave every affected customer a gift card without requiring proof of destruction or adequately providing public notice or informing customers of actual hazards, as can be required by law to ensure public safety.

The US Consumer Product Safety Commission (CPSC) said in a decision on Tuesday that the retail giant qualifies as a distributor and therefore bears a legal responsibility for recalling dangerous products.

A spokesperson for Amazon, where independent sellers account for more than 60% of the platform’s sales, said the company plans to appeal. “We are disappointed by the CPSC’s decision,” the spokesperson said.

Third-party retailers can now sell products on AMAZON.COM and store them at Amazon fulfillment centers as a result of the Fulfilled by Amazon program. Once an order is placed, Amazon processes customer payments, ships orders and serves as the point of contact for customer service issues.