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Planet Green, Inc. Challenges Amazon’s Section 230 Shield in Supreme Court After Repeated False Listing Complaints.
LOS ANGELES – Planet Green Cartridges, Inc., a U.S.-based remanufacturer of printer ink cartridges, filed a petition with the U.S. Supreme Court on June 18, 2025 (Supreme Court Docket #23-4434), challenging Amazon’s claim of immunity under Section 230 of the Communications Decency Act.
The company alleges that Amazon knowingly profits from the sale of newly manufactured printer cartridges that are unlawfully misrepresented as “remanufactured” on its platform and is seeking to clarify the limits of Section 230’s legal protections.
The case centers on Amazon’s role in advertising, selling, and distributing printer ink cartridges that are being falsely marketed as “remanufactured,” a term that implies an original equipment manufacturer (OEM) cartridge has been recycled and restored for reuse. Planet Green asserts that these products are, in fact, newly manufactured replicas of OEM cartridges, deliberately mislabeled as remanufactured to avoid classification as counterfeits. Even after Planet Green filed numerous complaints with Amazon, provided detailed evidence of widespread false listings, and engaged ins extensive discussions with Amazon representatives for more than a year, Amazon still refused to take action to stop the sale and distribution of these unlawfully marketed cartridges.
“This case tests whether e-commerce giants like Amazon can claim Section 230 immunity when they are sued for actively participating in the sale of unlawful and misrepresented products,” said John Ulin, counsel for Planet Green at TroyGould. “The sales are clearly false advertising and unfair competition, but courts have given internet platforms a free pass under Section 230 even when they knowingly spread false product claims. The statute does not support giving internet giants like Amazon immunity when they knowingly support and profit from illegal sales. We are asking the Supreme Court to tell the lower courts that they have gotten it wrong and that Section 230 does not immunize companies like Amazon from the consequences of knowing participation in unlawful conduct. ”
Planet Green’s petition presents two core legal questions for the Court:
- Does Section 230 confer immunity on internet platforms when they knowingly permit, facilitate and profit from third-party promotion, advertising, sale, and distribution of misrepresented products through their websites?
- Does Section 230 immunize internet platforms from civil claims based on their own conduct, including algorithms to target advertising and product recommendations to users?
Planet Green argues that Amazon’s conduct falls outside the intended scope of Section 230’s “Good Samaritan” protections, which were designed to encourage the responsible moderation of harmful content, not to immunize platforms that knowingly enable fraud. “By continuing to host and distribute the misrepresented products after being notified, Amazon has weaponized the statute as a shield for profiting from illicit goods at the expense of consumers and law-abiding U.S. businesses,” explained Ulin.
Annual sales of “remanufactured” ink cartridges on Amazon are estimated to exceed $3 billion, highlighting the significant commercial stakes. The petition also raises broader concerns, referencing national investigations that found Amazon responsible for distributing banned, mislabeled, or unsafe products, including expired food, counterfeit goods, and hazardous items.
“We went to great lengths to avoid litigation,” stated Sean Levi, Founder and CEO of Planet Green. “We had hoped Amazon would take corrective action once we made them aware of the 45 illicit brands and their sellers we named in our lawsuit. It is nearly impossible for any U.S. company to hold all unlawful Amazon sellers accountable who operate outside U.S. jurisdiction.
Planet Green, established in 1999, is one of the last remaining printer cartridge remanufacturers in the United States. Once a thriving $7 billion industry that supported thousands of American businesses and jobs, the U.S. printer cartridge remanufacturing sector has been decimated by the unchecked influx of illegal, competing products from overseas.
“No matter how this legal battle ends, we will not stop exposing unfair competition in the marketplace,” adds Levi. “The public needs to understand the disadvantage American companies face and the hypocrisy of Amazon’s rhetoric about sustainability and fighting counterfeit products.”
Unlike OEM printer manufacturers that offer take-back and recycling programs for used cartridges, most overseas manufacturers, who often misrepresent their products as remanufactured or recycled, provide no such solutions. As a result, the burden of disposal falls on U.S consumers and local municipalities. An estimated 375 million used printer cartridges end up in U.S. landfills each year, contributing significantly to the growing plastic waste crisis.
Planet Green’s petition seeks the opportunity for a jury trial, a step that could help clarify and redefine the scope of Section 230 as it applies to e-commerce platforms that knowingly permit and profit from unlawful content and products. Without greater accountability, the law’s unintended consequences will persist, as foreign competitors exploit online marketplaces with impunity, undercutting U.S. businesses and weakening consumer protections.
“Congress never intended Section 230 to shield billion-dollar platforms that knowingly enable fraud,” stated Sean Levi. “If the courts fail to act, lawmakers must—otherwise, we risk surrendering our markets to unlawful sellers operating outside U.S. jurisdiction, while honest American businesses are left to die.
About Planet Green
Founded in 1999 and based in Chatsworth, California, Planet Green is a U.S. printer cartridge recycler and remanufacturer. The company remanufactures used OEM cartridges and sells surplus OEM stock as an environmentally sustainable alternative to newly manufactured products. For more information, visit planetgreenrecycle.com.
Media Contact: Eric Sherman / Marketing Director, Planet Green erics@pginkjets.com / (818) 725-2596
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