Amazon.com Hit with Class Action Over Sale of ‘Dangerous,’ ‘Defective’ Lithium-Ion 18650 Batteries

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Amazon faces a proposed class action in Washington over its sale of lithium-ion 18650 battery cells, which are found in everything from laptops and cameras to lasers, children’s toys, e-cigarettes and flashlights. 

The 20-page lawsuit alleges the retail giant has made “numerous false and misleading representations” about the characteristics of the batteries, which were the focus of a Consumer Product Safety Commission warning earlier this year. In particular, Amazon, according to the lawsuit, has misrepresented the lithium-ion 18650 batteries’ energy capacity, measured in milliamp-hours, and overall safety. 

“Amazon is selling batteries with advertised characteristics that do not exist,” the complaint, filed in Seattle on August 13, alleges, claiming in particular that the batteries come with neither their advertised energy capacity nor the safety protections necessary to mitigate the products’ explosion or ignition risk. 

In January the CPSC warned consumers not to buy or use loose 18650 lithium-ion battery cells given they may be without the safety protections that often come with whatever product they might be sold in. Specifically, the CPSC said loose lithium-ion batteries may have exposed positive and negative terminals that can short-circuit when they come in contact with metal and then overheat and experience a dangerous phenomenon called “thermal runaway.” 

The lithium-ion 18650 batteries sold by Amazon fall well short of their advertised energy capacities and pose a “serious risk of injury” to consumers, the suit claims. Whereas the capacity of “authentic” lithium-ion 18650 batteries is under 3800 milliamp-hours (mAh), those sold on Amazon.com list capacities of 9800 mAh or higher, “more than double the capacity of any authentic 18650 lithium-ion battery product by legitimate manufacturers,” the lawsuit alleges, noting that the higher the mAh, the more usable energy a battery offers. 

According to the case, Amazon’s lithium-ion batteries, unbeknownst to buyers, frequently test at “only a small percentage” of their advertised capacities. 

“Consumers purchase higher capacity batteries from Amazon because they are attracted to the longer use duration of the batteries,” the case reads. “Unfortunately, many of Amazon’s claims are unsubstantiated, misleading, and completely deceptive.” 

The suit goes on to allege that Amazon has been able to sell the batteries in part due to its use of the Amazon Standard Identification Number (ASIN) in product listings. The case says every product sold on the platform is assigned an ASIN, and an item or seller with too many negative reviews will be removed from Amazon. Despite this system, products that are removed by Amazon are often put back onto the website “without any substantive quality control or review by Amazon,” the complaint alleges.

“The same product is given a different ASIN and all prior reviews of the product are removed,” the case expands. “Therefore, the purchaser of the existing ASIN version of the product is unaware of any prior negative reviews of the same product, despite this information being known by Amazon.” 

In this light, the lawsuit alleges Amazon “knew or should have knowledge” of the fact that its lithium-ion 18650 batteries are subpar given they, and the products in which they’re contained, are often given negative and one-star reviews. 

The complaint says that as of the end of July 2021, Amazon still lists thousands of “dangerous and falsely advertised” batteries on its platform, “including those Amazon knows pose safety risks.” 

“Amazon customers who purchased the counterfeit batteries, have posted negative reviews and photos demonstrating how the batteries have burned or exploded,” the case says. “Despite this, and being on notice by virtue of the negative reviews, Amazon continues to directly sell, advertise, and market the defective and dangerous batteries.” 

The suit looks to represent all individuals or organizations who bought lithium-ion 18650 batteries or products containing lithium-ion 18650 batteries from Amazon after May 3, 2021 and until the date the class is certified.

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