Amazon’s internal systems often detect inconsistencies between the product’s listing information and regulatory guidelines. The platform’s algorithm interprets certain words as indicating the product’s intended function, which could classify it as a pesticide even if it isn’t labeled as such by the seller. If flagged, Amazon may send a notification citing “violations of pesticide regulations” or “selling restricted products.” Many sellers don’t realize that using terms like “germ-killing” or “sanitizing” can inadvertently trigger a suspension.

Amazon’s algorithm flags listings based on certain keywords that imply pesticide-related functions. Examples of such keywords include:

• “Antimicrobial”
• “Kills bacteria”
• “Insect repellent”
• “Mold removal”
• “Germ-killing”
• “Sanitizing”
• “Virus elimination”

These words, if used in titles, bullet points, or descriptions, can lead Amazon’s system to classify the product as a pesticide, regardless of its actual purpose. For example, listing an antibacterial surface cleaner as a “germ-killing solution” without the necessary EPA registration could result in suspension.

Amazon prioritizes customer safety and takes safety compliance violations seriously. Sellers who fail to meet safety standards risk not only suspension or deactivation but also potential legal consequences. Non-compliant products can harm customers, damage Amazon’s reputation, and expose the seller to lawsuits or penalties from regulatory bodies.

Moreover, products flagged for safety concerns can result in immediate listing removal while Amazon investigates the issue. Sellers may also find their funds withheld during the review process, which can severely impact cash flow.

Many restricted products, such as medical devices or certain beauty products, require pre-approval before they can be listed. Sellers who list these items without going through the approval process are at risk of suspension.

Example: A seller offering skincare products containing prescription-only ingredients could face deactivation if they do not obtain proper clearance before listing.

Sellers can inadvertently violate Amazon’s restricted product policies in several ways, resulting in account suspensions. Here are a few common causes:

Many restricted products, such as medical devices or certain beauty products, require pre-approval before they can be listed. Sellers who list these items without going through the approval process are at risk of suspension.

Example: A seller offering skincare products containing prescription-only ingredients could face deactivation if they do not obtain proper clearance before listing.

Several types of medical claims can lead to account deactivation or listing suspension, including:

One of the most frequent violations occurs when sellers make health claims without supporting scientific evidence. For instance, stating that a supplement “guarantees weight loss” or “reverses aging” can lead to account suspension if the claims lack proper validation.

Example: A seller promoting a detox tea as a “treatment for liver disease” could face listing deactivation for making an unverified claim.

Several common issues can trigger FDA violations on Amazon, leading to suspension or deactivation:

One of the most frequent causes of FDA violations is making unsubstantiated health claims. Sellers often market products with promises of curing or preventing medical conditions without FDA approval, which violates regulations. Dietary supplements, beauty products, and medical devices are particularly susceptible to this issue.

How to Avoid This: Avoid making medical claims unless your product is approved by the FDA. Use language that emphasizes benefits without promising medical results.

Amazon’s marketplace thrives on customer trust, and Section 3 violations represent a significant breach of that trust. Amazon’s ability to maintain the integrity of its platform is paramount, which is why violations can result in severe consequences:

• Account Suspension or Deactivation: If Amazon identifies a violation, it may suspend or permanently deactivate your account. This means your listings will disappear from Amazon’s search results, leading to an immediate halt in sales.

• Loss of Funds: During the investigation of a violation, Amazon may withhold funds from sales made prior to the suspension. This can create financial strain, especially if a large portion of your revenue comes from Amazon.

• Reputational Damage: Being suspended for violations such as selling counterfeit goods or misrepresenting your products can cause long-term damage to your brand’s credibility.

• Legal Action: In some cases, especially those involving counterfeit or intellectual property theft, Amazon may pursue legal action.

Example: A seller who unknowingly sourced counterfeit luxury handbags found their account deactivated, with Amazon holding their funds during an investigation. They were ultimately banned from the platform after failing to provide proof of authenticity for their products.

Another frequent cause of Section 3 violations is the unauthorized use of intellectual property. This includes using copyrighted images, logos, or product descriptions in your listings without permission. Even using a famous brand’s name in the product title without authorization can lead to serious consequences.

How to Avoid This: Make sure you have written authorization to use any intellectual property from a brand, especially when selling their products. Use your own product images and write original descriptions that don’t infringe on another company’s intellectual property.

The rise in counterfeit products and unauthorized sellers makes design patents crucial for protecting your listing and your business. Here’s why they matter:

Without a design patent, competitors can claim that your product infringes on their intellectual property. This can lead to Amazon removing your listing or even suspending your account. Having a patent gives you the legal standing to defend your listing and counter claims.

In the realm of design patent law, the Egyptian Goddess, Inc. v. Swisa, Inc. case set an important precedent. The case helped establish the “ordinary observer” test as the standard for design patent infringement.

Under this test, infringement occurs if, in the eyes of an ordinary observer familiar with the prior art, the design of the accused product is substantially the same as the patented design. The test focuses on whether the resemblance between the two products would deceive the average consumer into thinking they were the same.

This case underscores the importance of visual distinctiveness in design patents and highlights why it’s critical for Amazon sellers to protect their products. If your design closely resembles another, you could face legal challenges or accusations of infringement, leading to potential suspension or removal of your listings.

Example: In Egyptian Goddess, the court ruled that Swisa’s nail buffer did not infringe on Egyptian Goddess’s design because, to an ordinary observer, the designs were not confusingly similar. Sellers can use this precedent to argue their case if their product design is accused of being too similar to a competitor’s.

Creating your own listings and labeling branded items as “Generic” or under your personal brand is a common misbranding issue. For example, listing an Apple iPhone as “Generic” is misleading to customers and violates Amazon’s policies. Even if the product is sourced legally, misrepresenting the brand is prohibited.

Solution: Always list branded products under the correct brand name. If you are reselling branded goods, use the official brand in the listing.

Another form of misbranding is when sellers buy products from a recognized brand and apply their own branding without authorization. This is often seen in private labeling, where sellers place their logo on products manufactured by a well-known company. Without proper licensing or registration, this is considered trademark infringement.

Solution: Ensure you are legally authorized to sell a product under your brand. If the product belongs to another brand, it must be listed as such.

Without a registered trademark, it’s difficult to stop unauthorized sellers from hijacking your listings. Brand hijackers may list counterfeit products under legitimate brands, causing account suspensions. With Brand Registry, you can quickly report and remove these infringing listings.

Example: A yoga mat seller faced counterfeit versions of their product listed by hijackers. After registering a trademark and enrolling in Brand Registry, they resolved the issue, protecting their brand integrity and preventing suspension.

Consumers are more likely to trust products that display a registered trademark, as it signals authenticity. On Amazon, where customers face countless choices, a strong, trademarked brand can make the difference between securing a sale or losing it to competitors.

Example: When searching for supplements, customers are more likely to choose a trademarked brand like “PureHealth Organics®” over a generic alternative, confident that it’s legitimate.

A single customer complaint can trigger an inauthentic suspension. Multiple complaints will almost certainly lead to account deactivation. Misunderstandings about product descriptions, dissatisfaction with quality, or inconsistent branding can all prompt customers to report a product as counterfeit.

Example: A seller offering discounted branded cosmetics received complaints due to unfamiliar packaging. Although the products were authentic, the complaints led to an account suspension.

Tip: Make sure your product listings and images accurately reflect what you’re selling. Clarify any packaging variations to avoid customer confusion. Proactive communication and exceptional customer service can prevent complaints from escalating.

Inaccurate product listings are another common reason for suspensions. Using incorrect brand names, inaccurate details, or misusing trademarks can lead to account deactivation.

Example: A seller listed a private-label kitchenware set under a well-known brand, hoping to attract more buyers. Amazon flagged the listing as misleading, which resulted in the seller’s account being deactivated.

Tip: Always ensure your product listings are accurate and don’t misuse trademarks unless you have the proper permissions.