Amazon-CPSC Settlement Pushed Back to at Least April

Expect possible activity in April on the potential settlement of the long-running Amazon forced recall case. Maryland U.S. district court Judge Lydia Griggsby February 27 granted a filing extension requested jointly by both sides. Their January motion suggested the dates allowed by Griggsby, including April 1 for a CPSC reply brief.

The settlement idea arose in December (PSL 12/15/25) when Griggsby allowed until February for that brief. However, the sides jointly explained in seeking additional time:

"The parties are continuing to discuss whether it might be possible to resolve this matter without further litigation. To allow time for those discussions, the parties respectfully request that the Court extend the deadline for Defendants' reply to April 1."

The case stems from the agency's 2021 administrative action involving certain third-party children's sleepwear, carbon monoxide detectors, and hairdryers sold via the Fulfilment by Amazon program. The commission issued a final administrative order early last year (PSL, 1/27/25). Amazon sued in court two months later (PSL, 3/24/25).

Among disagreements were whether Amazon meets the CPSA definition of distributor for that program, whether actions Amazon already took on the products were sufficient notice and remedy for consumers, whether CPSC has authority to require that refunds be condition on proof of destruction, and whether CPSC has treated other companies' situation differently via unilateral notices. Amazon also raised constitutional concerns involving commissioners' anti-firing protections and due process under the administrative law process.