[zopa]

> It's easy to say "don't allow this to happen"; I'm curious about what that actually translates to in practice.

It translates into "don't allow this to happen," because any other standard can and will be gamed. So for instance testing a bottle or two at random would work fine if Amazon really does test a random and representative sample of what's being sold, and to me that's a reasonable level of diligence to expect. But if Amazon Testing emails the supplier: "Please send over a batch of X MAX SUPER ENERGY so we can test if for these substances which we hope we won't find, and make absolutely sure what you send is the same thing you're selling!" -- then that will work somewhat less well. There are endless ways for Amazon and sellers to wink and nod and skirt the intent of the rules, if Amazon is just checking a box for the FDA, and doesn't actually care.

The way to get Amazon to care is to hold it responsible for the outcome. Of course there will be sellers that find a way to skirt whatever process Amazon puts in place, but that needs to be Amazon's problem. Amazon can survive taking its lumps when it messes up.

[stickfigure]

Does Amazon test any other product in its marketplace? I mean, other than Amazon-branded products. That seems like an odd expectation. I don't expect Amazon, or Ebay, or Aliexpress, or even Walmart.com to physically test anything. Mostly I expect them to give me quick shipping, cheap prices, and hassle-free returns or refunds if I'm not satisfied.

[zopa]

I hope I wasn't unclear, I'm not stuck on testing per se. I want Amazon to stand behind what's sold on its site. I don't really care what goes into that: if it needs to physically test products to do that, then it should, but if there's a different/better/cheaper way of getting the confidence to take responsibility than that's fine too.

No argument that that's burdensome and makes it more expensive to run an online marketplace; of course it is. But what's the alternative? Pure buyer beware doesn't work when I can't physically inspect what I'm buying and there's often no way to know much of anything about the seller. Hassle-free returns are nice when you're only out money, but undisclosed drugs in supplements can be genuinely dangerous. A refund isn't going to fix things in the really bad cases.

This is how liability has worked in the American and British legal systems for at least three centuries: when there's been harm done, the person harmed can recover the full value of the damage from any party that helped cause the harm. Plaintiffs don't need to worry about who was most at fault; that's for the defendant to work out with the other parties afterwards. Similarly the FDA can't and shouldn't need to start a separate regulatory action for every seller on Amazon's platform. It's totally appropriate for them to lean on the large domestic company with the fixed address and known officers, and rely on Amazon to enforce compliance with the law down at the seller level.