Amazon is forcing sellers to comply with its policy governing children’s products, even in some cases where the sellers – and some manufacturers – say the products are designed to be used by adults. In order to comply, sellers must show Amazon that their products were tested for lead, cadmium, or phthalates, among other requirements.
A seller of backpacks for adults told EcommerceBytes Amazon decided all backpacks should comply with its children’s school supplies policy. “Personally, I am north of 50 and carry a backpack,” the seller noted.
“A simple search on Amazon for backpack will now only find AMAZON selling backpacks or the Chinese,” the seller claimed. “They did leave Jansport, Adidas and maybe 1-2 more top brands” – but “all small sellers are gone!”
One reason it takes compliance issues seriously: Amazon got in trouble with Washington State 4 years ago. According to a May 2019 press release from the state’s Attorney General, Amazon entered into a legally binding agreement that required it to discontinue the sale of any children’s school supplies or jewelry containing lead and cadmium levels exceeding those allowed by state and federal laws.
“Amazon also will require all current sellers of these children’s products nationwide to provide certifications and lab testing from an accredited lab showing that their products are safe,” the press release stated.
Other sellers have reported similar issues to the one described by the EcommerceBytes reader, though some appeared to have included trigger words such as “student” in their descriptions. On June 27, a seller of adult backpacks shared the warnings they received from Amazon in a thread on its discussion boards:
I would like to inform you that your product has been identified as backpack. A backpack is a bag made of plastic, cloth, nylon, or other material and includes a snap, zipper, clasp, or drawstring closure, and is used to store school books and supplies. Backpacks often have two straps worn around the shoulders or one strap across the chest to hold the pack on one’s back.
Amazon requires that all children’s school supplies have been tested to and comply with the regulations, standards, and requirements listed below:
All of the following:
- CPSIA Section 101 (Lead),
- CSPA RCW 70.240.020 (Phthalates, Cadmium),
- 16 CFR 1500.50, and
- Small parts warning*
*Appropriate cautionary statements (hazard warnings) must be displayed on detail page.
Customer safety is our top priority. We reserve the right to ask for additional information to verify product safety and compliance at any time.
An Amazon moderator asked if the seller had supporting evidence “showing the product was designed and indented for adult only use.” The moderator also offered additional information, including the following:
“You can typically get this information from your supplier or manufacture, depending on how and where you sourced your products. If they do not have the documentation, or do not provide it, you can have them independently tested.
“If you need support finding a testing facility, you can use our service provider network, and search your required testing facilities. We also have a help page on this service, offering a bit more information on the amazon service provider network overview.”
But another seller commenting on the thread said their supplier had no such documentation for product safety – presumably because the backpacks were categorized as intended for adults – though Amazon appears at least in some cases to take into account how the seller markets the product in their descriptions.
On June 13, a seller on the Amazon boards wrote, “An ordinary business backpack that has been sold for one year was removed by Amazon at will and asked to submit compliance documents for children’s school supplies. My product has nothing to do with children’s products. What should I do?”
On June 10, a seller posting on Reddit said Amazon flagged a food storage product as a children’s product and required them to provide proof of lab tests – “but it’s not a children’s product,” the seller wrote.
Amazon’s policy covering children’s school supplies isn’t new – in February 2019, it specifically informed sellers about enforcement measures it was taking in the category.
But while Amazon may be aggressive (or overly aggressive) in order to protect itself from regulators, small sellers can be left feeling like it’s an unlevel playing field, as it did for the seller who reached out to EcommerceBytes. “There are sooooo many things Amazon is doing to remove small companies in favor of Chinese sellers and of course, themselves,” they wrote.
What part did I miss?
If you sell North Face – then North Face did or should have done the testing – not the small seller.
Smells like another way to remove small sellers whom the brands dont like …..
I have three pieces of feedback:
1. “I would like to inform you that your product has been identified as backpack.”
Me Amazon. Me no use articles. Me sound like caveman.
2. What small seller can afford to have a backpack “independently tested?” The last time I checked, there is no law against reselling a backpack without getting scientific labs involved.
3. Most importantly, this Amazon company that is so paranoid about lead in backpacks… this is the same Amazon that goes out of their way to recommend chemicals that can be used to end one’s life when someone searches for a book on suicide. The idiocy cannot be overstated!