Amazon’s attorney, Gregory F. Miller of Perkins Coie LLP, countered that sellers are not liable for products misused in ways they were not intended, arguing there was no defect in the product itself. He also noted sodium nitrite is legally sold for legitimate purposes, such as curing salmon.
Judges Question Amazon’s Practices
U.S. Circuit Judge William A. Fletcher raised concerns about Amazon’s role, noting the platform’s recommendation system promoted items often used in suicides alongside the chemical. “Amazon not only had the product, but it had all the things [to suggest] ‘Here’s how you commit suicide,'” Fletcher remarked.
Judge Marsha Berzon echoed skepticism, stating, “An algorithm doesn’t come out of the sky. Amazon creates it, so it’s intentional.”
While Miller argued that Amazon has since altered its algorithm to prevent such recommendations, Judge Ryan D. Nelson questioned whether the company had taken sufficient responsibility to correct its systems proactively.
Calls for State Law Clarification
The panel explored whether to certify questions to the Washington Supreme Court, given overlapping legal issues with Scott v. Amazon.com Inc., a similar state case. Although Talmadge acknowledged factual distinctions between the cases, he agreed that they posed similar legal questions.
Background of the Case
The lawsuit alleges Amazon sold the chemical through its third-party marketplace, where Jónsson and McCarthy purchased it in 2021. Their families initially sued both Amazon and vendor Loudwolf in California but later dropped claims against Loudwolf after the vendor ceased sales upon regulatory notification.
