Pallone Demands Online Marketplaces Remove Dangerous, Recalled Products Linked to Infant Deaths

Aberdeen, NJ — Congressman Frank Pallone, Jr. (NJ-06) today demanded that online platforms remove dangerous, recalled products linked to infant deaths. In a series of bipartisan oversight letters to Meta and other online marketplaces, Pallone requested information regarding efforts to end the sale of banned and recalled hazardous products on their platforms. It is unlawful to offer a product for sale that the U. S. Consumer Product Safety Commission (CPSC) has recalled. He was joined on the letters by fellow Energy and Commerce Committee leaders on consumer protection Reps. Cathy McMorris Rodgers (WA-05), Jan Schakowsky (IL-09), and Gus Bilirakis (FL-12).

Pallone specifically cited two products the CPSC recalled due to the serious danger the products posed to infants – the Fisher Price Rock ‘n Play and Boppy Newborn Lounger. The Rock ‘n Play sleeper has been linked to 100 infant deaths, approximately 70 of those deaths occurring after the product was first recalled in 2019. As of June, the Boppy Newborn Lounger has been linked to the deaths of at least 10 infants.

“I’m deeply concerned that online marketplaces have failed to remove recalled products from their platforms. Two products in particular pose a clear danger to the lives of children and infants, and these platforms have an obligation to make sure these products are not available for resale,” Pallone said. “As long as these products remain for sale on these platforms, children are at risk for injury and even death. It is past time for companies like Meta to proactively remove recalled products from online marketplaces so that families do not unwittingly put their children in danger. I’m grateful to everyone who joined me today to support our ongoing efforts to hold these companies accountable.”

“Meta, like any other retailer that serves families and infants, has a responsibility to ensure the safety of all products it sells,” said Joyce Davis, founder and president of the non-profit Keeping Babies Safe. “The fact that the Consumer Products Safety Commission has issued numerous `take-down’ requests of dangerous baby products on the Meta platform is alarming.  Meta has appeared to ignore these requests, which my organization finds to be unacceptable. We support any and all Congressional efforts to force Meta – and other platforms – from selling products that are known to be dangerous. Too many families have already suffered because of inferior products. We need to demand more of retailers and manufacturers and force them to act responsibly – even when no one is looking. This Congressional action is a key step toward protecting our babies from harm.”

KEY EXCERPTS FROM THE LETTER TO META:

 “The U. S. Consumer Product Safety Commission (CPSC) is tasked with keeping the public safe from consumer products that pose an unreasonable risk of injury or death. In addition to its own work, the CPSC relies on online marketplaces, like Meta, to keep consumers safe by preventing the posting for sale of products that are known to be dangerous. It is our understanding that Meta has been falling short on this mission.”

 “Meta’s failure to prevent recalled products from being posted for sale on its platform has resulted in your users and their children being placed at risk of purchasing and using a product that CPSC has found to pose a serious risk of injury and potential death.”

BACKGROUND: 

• The Consumer Product Safety Commission (CPSC) relies on online marketplaces to keep people safe by proactively preventing the sale of products that are known to be dangerous.
• Recent reports suggest that at least one platform, Meta, has fallen short of that responsibility, despite numerous takedown requests from CPSC.
• CPSC has issued takedown requests to various platforms, including several takedown requests for recalled products related to infant deaths.
• CPSC has formally issued an average of one thousand take down requests a month for these products.
• To date, the volume of takedown requests has not slowed, and CPSC staff is unaware of any proactive measures by the platform in question to prevent these postings in the future.
• This lapse has resulted in thousands of users and their children being put at risk of using a product that has been found to pose serious risk of injury and potential death.

Pallone and his bipartisan colleagues asked companies to provide answers to the following questions by September 1, 2023:

1. What systems do you have in place to ensure recalled products that the CPSC has determined pose a serious risk of injury and potential death are not able to be posted to your marketplace?
2. Do you have a compliance staff dedicated to consumer product safety issues?
   1. If so, how many full and or part time staff are on that team?
   2. What actions do you take to monitor CPSC recalls?
3. What actions will you take to ensure that the Fisher Price Rock ‘n Play, Boppy Newborn Lounger, and similarly designed and/or other recalled products are not available on your platform moving forward?
4. Are there statutory issues that are creating a gray area where it is unclear what the platform’s responsibilities are?
5. Will you commit to working with the Committee to find a solution to this, to ensure that CPSC’s resources are not wasted on sending thousands of takedown requests for products that pose a known hazard and are for sale on your marketplace?

CLICK HERE to read the full letter to Meta.

CLICK HERE to read the full letter to Amazon.

CLICK HERE to read the full letter to Walmart.

CLICK HERE to read the full letter to Target.

CLICK HERE to read the full letter to Bikelist.

CLICK HERE to read the full letter to Ebay.

CLICK HERE to read the full letter to Etsy.

CLICK HERE to read the full letter to Goldin.

CLICK HERE to read the full letter to Kidizen.

CLICK HERE to read the full letter to Mercari.

CLICK HERE to read the full letter to OfferUp.

CLICK HERE to read the full letter to Poshmark.

CLICK HERE to read the full letter to Reverb.

CLICK HERE to read the full letter to TikTok.

CLICK HERE to read the full letter to Pinduoduo.

CLICK HERE to read the full letter to Alibaba.

CLICK HERE to read the full letter to Shein.