Planet Green Cartridges, Inc., a California Corporation v. Amazon.com, Inc., a Delaware Corporation, et al.

In early 2022, Plaintiff Planet Green, Inc. (“Planet Green”), a U.S.-based remanufacturer of printer ink cartridges, provided Defendants Amazon.com, Inc., Amazon.com Services LLC, and Amazon Advertising LLC (collectively “Amazon”) with detailed evidence of sellers on its website that falsely promoted, advertised, and sold printer ink cartridges they misrepresented as remanufactured when they are actually newly-manufactured replicas of original equipment manufacturer (“OEM”) products. After more than a year of extensive discussions, Amazon chose to take no effective corrective action, instead claiming that Section 230 of the Communications Decency Act (“CDA”), 47 U.S.C. § 230 (“Section 230”) immunized it from liability for third-party product listings. The unlawful sales and promotions persist today. Amazon’s Section 230 defense succeeded in both the District Court and the Ninth Circuit because Planet Green’s claims involved third-party content and products. Does Section 230 confer immunity on internet platforms when they knowingly permit, facilitate, and profit from third-party promotion and sale of misrepresented products on their websites?

Amazon itself is a central player in the promotion, advertising, and sale of misrepresented ink cartridges on its website. Among other activities, Amazon’s algorithms collect and analyze data about the online activities of its users and target advertising and product recommendations to them through direct communications over Amazon’s website and other web platforms, and via email. The lower courts held that Amazon’s algorithm-driven recommendations and targeted advertising were protected by Section 230 because they support third-party product listings. (i)