Is Amazon a Distributor? The U.S. Government May Determine (2024)

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Sources told the Wall Street Journal that a Consumer Protection Safety Commission vote could make Amazon liable for the safety of third-party products.

Is Amazon a Distributor? The U.S. Government May Determine (1)

Author

  • Mike Hockett

Date

  • February 2, 2024
  • TypeArticles

Amazon has been the elephant in the wholesale distribution room ever since the eCommerce behemoth began expanding beyond selling books and music CDs in the late 1990s, and especially ever since AmazonSupply (now Amazon Business) was launched in 2012.

From then and through today, the company has never quite fit the definition of a distributor due to its marketplace business model which is unique compared to traditional distributors which rely on a physical branch network. It’s why MDM opted to not include Amazon Business on our 2023 Top Distributors Lists after doing so from 2018-2022, including ranking it as No. 2 in 2022.

But Amazon’s designation may soon change — at least by government standards — thanks to a federal order in the works.

Citing people familiar with the matter, the Wall Street Journal reported Feb. 1 that the U.S. Consumer Product Safety Commission (CPSC) is preparing an order that could classify Amazon’s online retail business as a distributor of goods. Such a designation, according to WSJ, could task Amazon with the same safety responsibilities as traditional retailers and expose the company to lawsuits and extensive recalls over items sold through its eCommerce platforms.

Amazon has long fought the distributor classification, citing its unique business model for online sales. While some of the goods Amazon sells come from its own inventory like brick-and-mortar retailers do, nearly two-thirds of sales on Amazon.com are by third-party sellers.

On the safety front, Amazon’s key argument is that for third-party sales, the company is merely the platform those sellers and buyers use and therefore Amazon isn’t responsible for upholding the quality and safety of products sold by outside vendors on its website.

But according to one of the people familiar with the matter who briefed the WSJ, the CPSC’s order could negate those Amazon arguments, as well as those from other marketplaces and technology firms that are similarly structured.

For the order to advance, a majority of the CPSC’s four current commissioners would have to vote in its favor. The report didn’t state when the vote is expected to happen.

“Safety is important to Amazon, and we want customers to shop with confidence in our store,” an Amazon spokesman told the WSJ in the Journal’s report. “The company takes steps to prevent suspicious or noncompliant products from being listed, monitors products for safety concerns, and removes products when appropriate and notifies the companies and government agencies involved.”

The CPSC sued Amazon in 2021 for distributing unsafe products from third-party sellers on its website through Fulfillment by Amazon. At the time, Amazon’s rebuttal to the commission argued that the agency didn’t have legal ground to make such claims because Amazon was acting as a marketplace and a third-party logistics provider rather than a distributor.

An administrative law judge sided with the commission, saying Amazon did have distributor status and thus safety responsibility. Amazon appealed, which has led to the CPSC’s pending vote.

Amazon reported its 2023 fourth quarter and full-year financial results on Feb. 1, showing that 4Q sales increased 14% year-over-year to $170 billion while the company netted $10.6 billion in total profit. The company’s total 2023 sales reached $575 billion, up 12% vs. 2022, with a net profit of $30.4 billion flipping 2022’s $2.7 billion net loss.

As expected, the company did not break out specific results for its Amazon Business unit.

According to research firm eMarketer, Amazon comprises nearly 40% of all eCommerce in the U.S.

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  • Filed In: Featured Breaking News, Featured Blog, eCommerce

About the Author

Mike Hockett is MDM's executive editor, having joined the publication in March 2022. He oversees MDM’s editorial content and direction, coordinates with contributing authors, conducts interviews with executives in the wholesale distribution space and serves as the editorial face of MDM at industry events. He has extensively covered the distribution and manufacturing sectors since 2014. Hockett works from his home in Madison, WI. He can be contacted at [email protected].

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Is Amazon a Distributor? The U.S. Government May Determine (2024)

FAQs

Is Amazon a Distributor? The U.S. Government May Determine? ›

The commission determined Amazon does fall within definition of a “distributor” and consequently have a safety responsibility over third party sellers using its platform.

Is Amazon considered a distributor? ›

Amazon has long fought the distributor classification, citing its unique business model for online sales. While some of the goods Amazon sells come from its own inventory like brick-and-mortar retailers do, nearly two-thirds of sales on Amazon.com are by third-party sellers.

What government agency oversees Amazon? ›

Amazon.com, Inc. Federal Trade Commission.

Does the US government subsidize Amazon? ›

Subsidies Awarded to Amazon: over $6.7 Billion and Counting! This database tallies state and local economic development subsidy deals given to Amazon.com, Inc. for its warehouses, data centers, and film productions, and to its subsidiaries such as Whole Foods Market, Zappos and Audible.

What type of distribution is Amazon? ›

Amazon (AMZN) uses both distribution channels. It uses a direct distribution channel when it sells products to consumers directly. The indirect channel comes into play when consumers on Amazon's site buy products from independent retailers and those retailers must fulfill deliveries.

What is the company Amazon classified as? ›

Amazon.com, Inc., doing business as Amazon (/ˈæməzɒn/, AM-ə-zon; UK also /ˈæməzən/, AM-ə-zən), is an American multinational technology company, engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence.

Is Amazon private or government? ›

No single company owns Amazon. It's a publicly traded company owned by its shareholders. Founder Jeff Bezos is the company's largest shareholder. He still owns 9% of its outstanding shares.

What government agencies does Amazon service? ›

Explore government segments
  • U.S. Federal Government. Mission workloads for scientific, security, and citizen services agencies across the federal government are running on AWS. ...
  • U.S. Department of Defense. ...
  • Intelligence Community. ...
  • State and Local Governments.

What kind of agency is Amazon? ›

The role of an Amazon agency is to help business owners make the right decisions to support their business on Amazon. They also help to create, optimize, and execute product listings and storefronts to generate the most traffic.

Is Amazon a gsa vendor? ›

Our program provides access to the following online platforms: Amazon Business, e-Procurement Services, Fisher Scientific, G-Commerce, Grainger, Noble Supply & Logistics, Pacific Ink, and Staples.

Who handles Amazon complaints? ›

Phone: Amazon's customer service number is 1-888-280-4331.

Is Amazon legally responsible? ›

On July 30, 2024, the Consumer Product Safety Commission (CPSC) issued a Decision and Order against Amazon, finding that Amazon is a "distributor" of third-party products, as defined by the Consumer Product Safety Act (CPSA), and therefore bears legal responsibility for recalls of products sold on the platform.

What government contracts does Amazon have? ›

4 Top Government Contracts Won By Amazon Web Services
  • Wild and Stormy Cloud Computing Government Contract. Photo by g0d4ather/Shutterstock. ...
  • DoD Joint Warfighting Cloud Capability (JWCC) Photo by Golden Dayz/Shutterstock. ...
  • CIA Commercial Cloud Enterprise (C2E) Contract. ...
  • U.S. Navy Enterprise Software License BPA.
Sep 11, 2023

Who are the biggest recipients of government subsidies? ›

While many industries receive government subsidies, three of the biggest beneficiaries are energy, agriculture, and transportation.

Does Amazon pay any federal taxes? ›

Amazon's effective federal income tax rate was 6.1 percent in 2021, with $35.1 billion in U.S. earnings and $2.1 billion in federal income taxes. ExxonMobil's effective federal income tax rate was 2.8 percent in 2021, with $9.3 billion in U.S. earnings and $236 million in federal income taxes.

Who is considered a distributor? ›

Distributors buy products or product lines, warehouse them, and resell them to retailers or directly to the end customers. As a channel partner, distributors essentially form a link in the supply chain between the manufacturer and the customer.

What type of retailer is Amazon? ›

Amazon.com is a Seattle, Washington–based e-commerce and cloud computing giant whose humble beginnings can be traced to founder Jeff Bezos's garage, where he began selling books on the still-emerging World Wide Web.

What makes a company a distributor? ›

A distributor works closely with a manufacturer in order to sell more goods and gain better visibility on these goods. Distributors find wholesalers who will resale their products. A wholesaler works more closely with retailers to match their needs through buying products in bulk at a discount.

Who is an example of a distributor? ›

Distributors are businesses that buy products from manufacturers and then resell them to retailers or to consumers directly. For example, food distributors buy directly from farmers and then sell to your local supermarkets.

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