[smichel17]

[Hypothetical] If I buy a legitimate product from a legitimate seller, and end up with a counterfeit due to commingling, I don't see any reasonable story for how anyone but Amazon should be liable for that. They substituted the product I ordered with an inferior one.

And then, of course, Amazon should turn around and sue whoever provided them the counterfeit product. But the first level of culpability is still with Amazon.

It's like if I'm driving, waiting at a red light, and someone rear-ends me, causing me to rear-end the car in front of me. The person I hit sues me, wins, and I turn around and sue the person behind me for both the damage to my car and whatever I lost in the first lawsuit (probably all via insurance).