The Washington Supreme Court on Thursday unanimously ruled that Amazon must face lawsuits filed by families whose relatives died by suicide after consuming sodium nitrite purchased through third-party sellers on the company’s website.
In a 9–0 decision, the court overturned an earlier ruling from a lower appeals court that had sided with the company. That court had said the families could not sue Amazon for negligence because the act of suicide broke the chain of legal responsibility.
Writing for the court, Justice G. Helen Whitener said Amazon has a duty to exercise reasonable care toward its customers. That includes taking steps to prevent harm that could arise from the “foreseeable conduct of a third party.”
Whitener said it will now be up to a jury to determine whether suicide was a foreseeable outcome of Amazon’s alleged failure to meet that responsibility. In other words, the court made clear that the question of foreseeability, and whether the company breached its duty should be decided at trial, not dismissed before the facts are fully examined.
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So far, 28 families have brought lawsuits against Amazon, arguing that the company was aware for years of the connection between sodium nitrite and suicide but did not put meaningful restrictions in place.
The complaints allege that the chemical was sold freely on the platform, sometimes alongside other items that could be used in self-harm. In court filings, the families have referred to these groupings of products as “suicide kits.”
The families are pursuing unspecified damages under Washington state’s product liability law, holding Amazon responsible for their relatives’ deaths.
Thursday’s ruling specifically addressed appeals brought by four of those families. They say they lost loved ones between the ages of 17 and 27 who ingested sodium nitrite that was 98% or 99.6% pure in 2020 and 2021.
Amazon said it disagrees with the court’s decision but emphasized that it is committed to customer safety. The company also offered condolences to families affected by suicide.
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The lawsuits are part of a broader legal fight aimed at holding online marketplaces like Amazon accountable for products sold by third-party vendors on their platforms.
“Amazon is one of the world’s biggest companies, and shouldn’t be profiting from products they know people use to harm themselves,” Carrie Goldberg, a lawyer representing the families, said in an interview.
Sodium nitrite is a legal chemical that is commonly used as a food preservative, especially in meat and fish. It also has legitimate uses in research labs and in treating cyanide poisoning.
In a statement, Amazon said highly concentrated sodium nitrite “is not intended for direct consumption, and unfortunately, like many products, it can be misused.” The company added that it now bans the sale of sodium nitrite with purity levels above 10% on its platform.