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California-based Planet Green, a remanufacturer of printer cartridges, has AGAIN (see below) asked the U.S. Supreme Court to review its lawsuit against Amazon. The company alleges that Amazon allows illegal Chinese ink cartridges, falsely labeled as remanufactured, to flood its marketplace—undercutting legitimate U.S. businesses and deceiving consumers.
Planet Green argues that Amazon is not a neutral platform. In its petition, the company notes that Amazon approves listings, stores products in its warehouses, fulfills orders, and promotes sellers through algorithms, effectively acting as a co-seller of counterfeit cartridges. Despite repeated warnings, Amazon continued profiting from these sales while claiming immunity under Section 230 of the Communications Decency Act.
The Supreme Court has now distributed Planet Green’s petition for its conference, giving the justices the opportunity to decide whether Section 230 shields Amazon from liability when it actively facilitates the sale of misrepresented products. A decision could reshape accountability for large online marketplaces.
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