Washington Supreme Court Allows Lawsuits Over Amazon ‘Suicide Kits’ to Proceed

Amazon must face lawsuits filed by families whose relatives died by suicide after consuming sodium nitrite, the Washington Supreme Court ruled on Thursday.

 

At least ten lawsuits have been filed against the Seattle-based online retailer since 2022, concerning the sale of concentrated forms of the chemical, which has been linked to the deaths of teenage and adult children from 28 families.

 

The unanimous decision overturned a state appeals court ruling from last year that had dismissed one of the cases. The lower court had argued that the first of the ten lawsuits under the state’s product liability law could not proceed because the deaths were suicides.

 

Under the Supreme Court ruling, negligence claims against Amazon can now move forward. The justices said the plaintiffs had alleged sufficient facts to prevent dismissal before a jury trial.

 

The justices stated that Amazon has a “legal duty to exercise reasonable care to avoid the foreseeable consequences and harm of selling sodium nitrite,” and that whether suicide was a “foreseeable consequence” is a matter for a jury.

 

An Amazon spokesperson said that while the company disagrees with the ruling, it remains committed to customer safety.

 

“We extend our deepest condolences to the families and loved ones personally affected by suicide,” the spokesperson said in an emailed statement. “Customer safety is a top priority at Amazon.”

 

In 2022, Amazon restricted the sale of high-concentration sodium nitrite to Amazon Business buyers, primarily companies, as the chemical is commonly used as a food preservative. By November, the company prohibited sales of the chemical in concentrations greater than 10 per cent.

 

Amazon maintains that the product was never intended for direct consumption and “unfortunately, like many products, it can be misused.”

 

Before these rules were changed, vendors on Amazon’s marketplace were selling sodium nitrite at 99 per cent purity to everyday consumers. The plaintiffs described these products as “veritable suicide kits” when paired with “frequently bought together” items such as small scales and an “Amazon Edition” of a suicide instruction book.

 

In a concurring opinion, Chief Justice Steven González addressed claims that Amazon’s algorithm was effectively marketing “suicide kits” to customers.

 

“I see no difference between marketing these products together online from putting sodium nitrite, antinausea drugs, scales and the suicide manual together on the shelf,” he wrote. “If the plaintiffs can prove what they have pleaded, a rational trier of fact could find this was not merely negligent but reckless or intentional.”

 

 

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