Navigating Product Safety and Compliance on Amazon

If you have been keeping up with news headlines in recent weeks, you know that Amazon’s product safety and compliance program has come under the spotlight. A recent Wall Street Journal report found more than 4,000 unsafe or federally banned products available for purchase on Amazon’s platform.

The awareness of bad actors attempting to evade Amazon’s marketplace policies is certainly nothing new. However, there have also been reports of Amazon approving of a seller or brand’s product listing prior to requesting or receiving the mandatory safety documentation, according to CNBC. In these instances, Amazon merchants have been required to provide this documentation within a short timeframe following their product listing going live or otherwise risk account suspension.

To avoid losing your selling privileges, it is imperative that you adhere to Amazon’s strict product safety and compliance policies, and ensure that your items are compliant prior to listing them on your storefront, so that you are prepared to provide the required safety documentation quickly upon Amazon’s impending request.

Amazon’s Listing Restrictions

Regardless of whether Amazon has approved your product listing prior to verifying compliance, it is your responsibility as a seller or brand to be aware of and adhere to Amazon’s listing restrictions and product safety requirements.

All items offered on Amazon must comply with applicable laws and regulations, as well as the Consumer Product Safety Commission’s safety standards. Be sure to refer to these policies when listing and describing your products, as violations of Amazon’s listing policies could result in:

• Cancellation of listings
• Limits on listing privileges
• Suspension of listing privileges
• Removal of listing privileges

Any claims made on a product listing must be accurate and will require proof of accuracy, particularly for claims around health, safety, or performance, as well as testimonials or endorsements. These claims, including environmental claims, are regulated by the Federal Trade Commission and those that will require supporting proof include listings that say a product: 

• Is antimicrobial
• Is antibacterial
• Can reduce the risk of concussions
• Is environmentally friendly
• Is eco-friendly
• Is green

For pesticides or products you claim to have antimicrobial, antifungal, antibacterial, or other pesticidal properties, you must guarantee that they comply with the U.S. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In addition, these products must comply with state pesticide laws, which may include other registration and labeling requirements, and ingredient prohibitions. Amazon recommends you familiarize yourself with the Environmental Protection Agency’s overview of the FIFRA, California’s Pesticide Regulations, and the National Pesticide Information Center to stay abreast of the state-by-state variations and federal regulations.

Visit Amazon’s General Listing Restrictions page for a complete list of additional nuances. Also, be aware that certain product categories require pre-approval from Amazon before you can list items in those categories, and some require additional information or a supplemental guarantee. You should also review details of Amazon’s Restricted Products and FBA product restrictions, if you are operating an FBA model.

Required Product Safety Documentation 

Prior to listing your product on Amazon, you should familiarize yourself with Amazon’s required documentation and gather the information you will need in order to provide these records immediately upon Amazon’s request. Otherwise, you might find yourself scrambling to hit an urgent deadline or otherwise succumb to account suspension.

When you create or convert a listing for FBA, you will be required to answer a set of questions around dangerous goods and batteries. Make sure to provide accurate and complete information to ensure that your product is properly classified and not blocked for sale.

If your battery product utilizes lithium batteries, it will be classified as a dangerous good and you will be required to provide additional information, including: 

• Battery type
• Number of batteries
• Battery weight
• Number of cells
• Lithium battery packaging
• Watt-hours per battery
• Lithium content per battery

If your product is deemed to be an alternate type of dangerous good, you will be required to provide Amazon with the product’s Safety Data Sheet (SDS). This is a 16-part form prepared by the product manufacturer or importer that describes the product’s physical and chemical properties, physical and health hazards, routes of exposure, precautions for safe handling and use, emergency and first-aid procedures, and control measures.

Amazon utilizes these forms to determine whether your products are regulated as dangerous goods, correctly classify your products, identify the correct handling and disposal measures if a product spills or leaks at a fulfillment center, and confirm whether your products are non-regulated goods. An eligible SDS must comply with the following requirements: 

• Was created or updated within the last five years
• Includes new GHS/CLP hazard identification information
• Matches your product listing
• Includes all 16 standard SDS sections

Conversely, you can provide an exemption sheet for products that are exempted from providing an SDS by law or federal regulations. This is only acceptable for batteries and products that contain or are sold with batteries as well as products that do not contain harmful chemicals.