Debugging Amazon Listings
Conversation With The "Amazon Seller's Partners Support Group"
Thursday, April 6th, 2023
Today I received a call from an intelligent American who called me from Amazon Support totally out of the blue! he wanted to talk to me about the three products that Amazon decided to take off of it's platform today, due to violations that they were committing against "Amazon Rules & Code of Conduct". I rolled my eyes and explained to the guy that this situation keeps happening to us repeatedly and as soon as we get it fixed, some bot comes along and pulls the product off of Amazon again. I expressed my frustration in high volume to him. He was very polite, took it well, and said he did understand what I have been going through. Then he explained to me that if it was just Amazon that was checking on products we would be OK, but that there is third party that is doing it as well. I said, let me guess... the FDA. He acknowledged that was true. The FDA is now embedded into Amazon checking every organic and natural product on Amazon and throwing off any product that it (for whatever reason) doesn't approve of. It has it's own rules, separate from Amazon's rules that we now have to follow in order to keep our products listed on Amazon.
As it turns out, so many of Amazon's long time veteran Sellers have gotten so upset about these new rules, that many of them are leaving the platform, upsetting both the Sellers and Amazon Customers. Consequently Amazon has had to create a new team to help those of us who have been effected by this to maneuver our way through these rules and get our products back up on Amazon and selling without getting kicked off by the FDA. I took notes on each of his suggestions below.
Note: According to the $700 per hr lawyer that I spoke to early in 2021, there is no law on the books in the USA that says that the FDA has the legal right to do this. Natural products DO NOT by law need to be FDA approved. <---- I gave this information to this gentleman and he acknowledged that this was true, and without saying anything negative, hinted that it was something that Amazon had to deal with for now.
Advice From Amazon Seller Partner Support:
1) Each violation listed should be appealed separately. - Note that each violation has a separate link on the notice that they send to us.
2) Link to the policy pages (have put those rules below) so the person looking at the violation can see the page and SEE that we are NOT violating either the Amazon or the FDA rules.
3) Work with the Amazon Seller Catalog Team to get advice as to how to best get through these approval processes. That is what this NEW team has been created for. Best way to get there is to go to the COLEHERBALS Account Health page and find the yellow button that says "Call Me Now" at right hand top of the page between 9am & 5pm during your local time. That is the best time to connect up with an American who is working on the US accounts. They are there to help you get through all of your cases and get our products back UP and selling on Amazon. They are all trained to do that now. Instead of working against us, they are working for us.
4) Once you work out a process for each product, keep the case arguments on file and copy/paste each time something comes up that you need to handle. As you can see below, our products DO NOT VIOLATE any of the rules below. Or do they contain any of the ingredients that are not FDA approved.
5) He advised us to get involved in all of the forums on Amazon where other people are posting things. If we want to complain about the FDA interference, we can do so there as Amazon management takes note of if there are lot of complaints about any particular issue. That is one of the reasons why they started this particular new department, as the complaints about getting products kicked off of Amazon have been getting to be a real serious issue. He told me that there are some complainers there but also a lot of great advice that can be found there as well.
6) If you feel you want to challenge of the rules or need legal advice, you can always Google "Amazon Legal" to get hold of Amazon's legal team via phone the numbers you find there, if you would like advice from an Amazon paralegal. There are over 1,000 lawyers working at Amazon with paralegals to help them deal with potential legal issues and questions.
I did that and found two numbers:
(206) 266-7905
(206) 266-4064
See a copy of the latest violation notice to us below in column 1
See Amazon's Rules for Cosmetics and Skin Care in column 2
See the FDA's Prohibited Ingredients List in column 3
I do not see how we are violating ANY of these below. We need to make sure that we are NOT making any claims what so ever.
Here is and example of one of the messages that we just received from Amazon:
Hello,
This is to inform you that the following detail pages are at the risk of removal from our catalog. You must take remedial actions before 4/8/2023, UTC, else your listing(s) will be removed from our catalog. It is your obligation to ensure that the products you offer, comply with all applicable laws, regulations, and Amazon's policies.
ASIN: B0BHV3SK1J, SKU: NailBalm-NailSaltsBUNDLE, Title: Nail Fungus Treatment Bundle - Extra Strength, Herbal, Anti-fungal Treatment for Finger Nails & Toenails – Disinfects & Repairs Thick, Cracked, Flakey Nails – Safe for The Whole Family
Why is this happening?
This product has been identified as a dietary supplement, essential oil, homeopathic remedy or cosmetic that makes prohibited disease claims about pathogens such as bacteria, fungi, viruses, yeasts, protozoa, or microbes. These types of products that make disease claims are prohibited from sale and listing on Amazon. For additional guidance, please see: https://sellercentral.amazon.com/gp/help/help.html?itemID=201829010&language=en_US&ref=su_201829010_cont_200164330 and https://www.fda.gov/regulatory-information/search-fda-guidance-documents/small-entity-compliance-guide-structurefunction-claims. To be considered for reinstatement, you must (1) remove the prohibited disease claims from the detail page before appealing the restriction, and (2) upload a picture of the product's ingredient list to the detail page (such as the "Drug Facts" or "Supplement Facts" table). Please note that if the disease claim is on the product labeling, there may not be a path to reinstatement.
What actions do I need to take?
- Please see policy information beneath the listing at issue in your Account Health page for any other relevant actions or information required to bring product into compliance.
- If you believe the product(s) listed above are permitted for sale on Amazon, you can submit a dispute by following these steps:
1. Go to "Account Health" in Seller Central.
2. Click "Appeal" next to the violation at issue.
To view your account performance, go to "Account Health": https://sellercentral.amazon.com/performance/dashboard?reftag=ah_em_rp or select "Account Health" on the home screen of the Amazon Seller app on your iOS or Android device. The Account Health dashboard shows how well your account is performing in light of the metrics and policy compliance standards required to sell on Amazon.
We're here to help.
If you have questions about our restricted products policy, refer to:
Restricted products: https://sellercentral.amazon.com/gp/help/G200164330
Listing restrictions: https://sellercentral.amazon.com/gp/help/G200832300
Restricted Products FAQ: https://sellercentral.amazon.com/gp/help/GCYAVS22E6CQKV2B
- We are expanding notifications that let you know about issues before they impact your ability to sell. If you have additional questions, contact Selling Partner Support: https://sellercentral.amazon.com/cu/contact-us.
- Download iOS App at https://itunes.apple.com/us/app/amazon-seller/id794141485?mt=8
- Download Android App at https://play.google.com/store/apps/details?id=com.amazon.sellermobile.android&hl=en_US
We appreciate your cooperation and thank you for selling on Amazon.
Amazon Services
Note: This e-mail was sent from a notification-only address that cannot accept incoming e-mail. Do not reply to this message.
Here are the Amazon Rules for
Cosmetics and Skin and Hair care
Important: If you supply products for sale on Amazon, you must comply with all federal, state, and local laws and Amazon policies applicable to those products and product listings.
Cosmetics are products that are usually rubbed, poured, sprinkled, or sprayed onto the body for cleansing, beautifying, or changing the appearance of the body. The cosmetics category includes products like skin creams, perfumes, lipsticks, fingernail polishes, temporary tattoos, eye and facial makeup, shampoos, hair colors, toothpastes, and deodorants.
Use the checklist below to help ensure that your products are compliant with Amazon’s policies.
Compliance Checklist
Packaging
Cosmetics must be sealed in the original manufacturer’s packaging.
Cosmetics must be new and unused.
Cosmetics must clearly display identifying codes placed on the packaging by the manufacturer or distributor, such as matrix codes, lot numbers, or serial numbers.
Labeling and product detail pages
Cosmetics labels and detail pages must be labeled in English with the following information:
The name of the product
The purpose or use of the product (such as cleansing the body, reducing the appearance of wrinkles, moisturizing the skin)
The amount of content of the cosmetic, in terms of weight, measure, count or a combination (such as 30 oz, 5 mL, 10 pills, 5 lb)
The ingredient list
The name and address of the manufacturer, packer, or distributor (this is not required on detail pages)
Any necessary label warnings
Cosmetic labels and detail pages must not:
State that the products cure, mitigate, treat, or prevent a disease in humans, unless that statement is approved by the FDA and the product is properly labeled as both a cosmetic and a drug
State that the cosmetics are “FDA approved” if they are not FDA approved
Use the FDA logo
State “tester,” “not for retail sale,” or “not intended for resale” as such items may not be sold on Amazon
For more information, go to the US Food and Drug Administration's resources:
Products and ingredients
Cosmetics must not be named in an FDA recall or safety alert (for more information, go to: Recalls, Market Withdrawals, & Safety Alerts)
Cosmetics must not contain prohibited ingredients (for more information, go to: Prohibited & Restricted Ingredients)
Cosmetics must be safe for use and must not be a product that the Food and Drug Administration (FDA) has determined presents an unreasonable risk of injury or illness, such as:
Products that contain methylene glycol, which, when heated, release formaldehyde into the air (for more information, go to: Hair-Smoothing Products That Release Formaldehyde When Heated)
Eyelash and eyebrow permanent dye (for more information, go to: Use Eye Cosmetics Safely)
Eye makeup containing Kohl, Kajal, Al-Kahal, or Surma (for more information, go to Use Eye Cosmetics Safely)
Skin creams containing mercury (for more information, go to: Mercury Poisoning Linked to Skin Products)
Henna products designed or marketed for body-decorating or any other variation of direct skin application (for more information, go to: Cosmetics Safety Q&A: Tattoos and Permanent Makeup)
Cosmetics must not require a prescription or a medical professional's supervision or direction for their use
Cosmetics must not contain controlled substances, such as:
Anything listed in Schedules I, II, III, IV or V of the Controlled Substances Act (for more information, go to: Schedules of Controlled Substances)
"List I" chemicals or their derivatives as designated by the Drug Enforcement Administration (DEA) (for more information, go to: List I and List II Chemicals)
Cosmetics must not contain plastic microbeads (for more information, go to: The Microbead-Free Waters Act: FAQ)
In order to be sold into California and New York, antiperspirants, deodorants, and hairsprays must not contain toxic air contaminants (for more information, go to: California Air Resources Board Consumer Products Enforcement and New York Department of Environmental Conservation)
Cosmetics must comply with Amazon policies, including:
Cosmetics that contain ingredients derived from sharks, whales, dolphins, or porpoises are prohibited from sale.
Cosmetics that contain more than 12% hydrogen peroxide are prohibited from sale.
Cosmetics that contain acetone, such as nail polish remover, cannot be sold in volumes more than 16 oz in total.
InStyler rotating irons are prohibited from sale.
Claire’s brand cosmetics are prohibited from sale.
Known prohibited products
Amazon specifically prohibits the following cosmetic products. These products are prohibited because they do not meet the checklist requirements. This list does not include all cosmetic products prohibited by Amazon.
Corrective and cosmetic contact lenses
Latisse
Obagi Nu-Derm Sunfader
Obagi Nu-Derm Clear
Obagi Nu-Derm Blender
Obagi Elastiderm Decolletage Skin Lightening Complex
Obagi C-Therapy Nightcream
Obagi RX System Clarifying Serum
Products that contain minoxidil in excess of 5%
Bithionol
Brazilian Blowout Acai Professional Smoothing Solution
Chloroform
Halogenated salicylanilides
Methylene chloride
Vinyl chloride in aerosol products
Zirconium-containing complexes in aerosol products
Synthol, Synthrol, or Swethol posing oil
Trichloroacetic Acid
Example of Amazon jurisdictional restrictions
You must also comply with state and local laws applicable to the jurisdiction into which your products are sold, as well as the jurisdiction from which you ship. An example of a jurisdictionally restricted product includes sunscreen containing oxybenzone or octinoxate
FDA's Prohibited Ingredients List
(From the FDA website)
What ingredients are prohibited or restricted by FDA regulations?
Although it’s against the law to use any ingredient that makes a cosmetic harmful when used as intended, FDA has regulations that specifically prohibit or restrict the use of the following ingredients in cosmetics:
Bithionol. The use of bithionol is prohibited because it may cause photocontact sensitization (21 CFR 700.11).
Chlorofluorocarbon propellants. The use of chlorofluorocarbon propellants in cosmetic aerosol products intended for domestic consumption is prohibited (21 CFR 700.23).
Chloroform. The use of chloroform in cosmetic products is prohibited because it causes cancer in animals and is likely to be harmful to human health, too. The regulation makes an exception for residual amounts from its use as a processing solvent during manufacture, or as a byproduct from the synthesis of an ingredient (21 CFR 700.18).
Halogenated salicylanilides (di-, tri-, metabromsalan and tetrachlorosalicylanilide). These are prohibited in cosmetic products because they may cause serious skin disorders (21 CFR 700.15).
Hexachlorophene. Because of its toxic effect and ability to penetrate human skin, hexachlorophene (HCP) may be used only when no other preservative has been shown to be as effective. The HCP concentration in a cosmetic may not exceed 0.1 percent, and it may not be used in cosmetics that are applied to mucous membranes, such as the lips (21 CFR 250.250).
Mercury compounds. Mercury compounds are readily absorbed through the skin on topical application and tend to accumulate in the body. They may cause allergic reactions, skin irritation, or neurotoxic problems. The use of mercury compounds in cosmetics is limited to eye area products at no more than 65 parts per million (0.0065 percent) of mercury calculated as the metal and is permitted only if no other effective and safe preservative is available. All other cosmetics containing mercury are adulterated and subject to regulatory action unless it occurs in a trace amount of less than 1 part per million (0.0001 percent) calculated as the metal and its presence is unavoidable under conditions of good manufacturing practice (21 CFR 700.13).
Methylene chloride. It causes cancer in animals and is likely to be harmful to human health, too (21 CFR 700.19).
Prohibited cattle materials. To protect against bovine spongiform encephalopathy (BSE), also known as "mad cow disease," cosmetics may not be manufactured from, processed with, or otherwise contain, prohibited cattle materials. These materials include specified risk materials*, material from nonambulatory cattle, material from cattle not inspected and passed, or mechanically separated beef. Prohibited cattle materials do not include tallow that contains no more than 0.15 percent insoluble impurities, tallow derivatives, and hides and hide-derived products, and milk and milk products** (21 CFR 700.27).
Sunscreens in cosmetics. Use of the term "sunscreen" or similar sun protection wording in a product's labeling generally causes the product to be subject to regulation as a drug or a drug/cosmetic, depending on the claims. However, sunscreen ingredients may also be used in some cosmetic products to protect the products’ color. The labelling must also state why the sunscreen ingredient is used, for example, "Contains a sunscreen to protect product color." If this explanation isn’t present, the product may be subject to regulation as a drug (21 CFR 700.35). For more information on sunscreens, refer to Tanning Products.
Vinyl chloride. The use of vinyl chloride is prohibited as an ingredient of aerosol products, because it causes cancer and other health problems (21 CFR 700.14).
Zirconium-containing complexes. The use of zirconium-containing complexes in aerosol cosmetic products is prohibited because of their toxic effect on lungs of animals, as well as the formation of granulomas in human skin (21 CFR 700.16).
What about color additives?
Color additives are permitted in cosmetics only if FDA has approved them for the intended use. In addition, some may be used only if they are from batches that FDA has tested and certified. To learn more, see “Color Additives and Cosmetics.”
What about drug ingredients?
If a product is intended for a therapeutic purpose, such as treating or preventing disease, it’s a drug under the law and must meet those requirements, such as premarket approval by FDA, even if it affects the appearance. The presence of certain ingredients with a therapeutic use that is well-known to the public and industry is one factor that can determine whether a product is intended for use as a drug. FDA makes these decisions on a case-by-case basis. To learn more, see “Is It a Cosmetic, a Drug, or Both? (Or Is It Soap?).”
Why are different ingredients prohibited in some other countries?
Different countries and regions regulate cosmetics under different legal frameworks.
Under U.S. law, FDA does not have the authority to require cosmetic manufacturers to submit their safety data to FDA, and the burden is on FDA to prove that a particular product or ingredient is harmful when used as intended. We make these decisions based on reliable scientific information available to us. FDA can take other countries’ decisions into consideration, but we can only take action within the legal and regulatory framework for cosmetics in the United States.
Note:
All of our products should be listed under "COSMETICS AND SKIN AND HAIR CARE".
We need to go over this form CAREFULLY to make sure we are in compliance.
To check all "Performance Notifications"
We need to go over this to make sure we are keeping up with all of the notifications they are sending to us.
I posted this on the Amazon Forum and on the Amazon Forums on Facebook:
As many of you know, I sell organic transdermal remedies in the form of balms, creams and salts on Amazon. Have been selling our organic products there since 2015. Recently, many of our products have been getting kicked off of Amazon for no apparent reason because of “violations that go against Amazon policies”. Meanwhile, I go to the policy links that they send to me and can't find ANY such violations.
Then a few days ago, I received the strangest call from Amazon Support. They NEVER call me. A super nice guy (from the USA no less) said he wanted to let me know that Amazon just unlisted three more of my products that day. This guy said that he was from a new group called “Amazon Seller Partners” set up to help long term veteran sellers like me get products back onto Amazon.
He said that if it was just Amazon approving our products, they would be approved, but that there is now a 3rd party involved. He wasn’t allowed to tell me who that party was, but when I guessed that it was the F* D* A, he acknowledged to me that it was and that I wasn’t the only one having to deal with getting their products kicked off of Amazon by this 3rd party.
Meanwhile, back in January of 2021, I received a letter from another competing seller’s law firm, saying that I needed to remove my products from Amazon IMMEDIATELY or they would sue us for not being F — D — A approved. I hired a $700 per hr lawyer who (as it turned out) also was on retainer working for Amazon. He told me that there is no law on the books that enforces that natural/organic OTC products selling on Amazon have to be F+..D+..A approved. He sent a letter to the other legal group, hired by our competitor, and made them go away.
BTW, I checked into getting our transdermal balms, creams and salt remedies F… D … A approved. Cost - between $100,000 to $300,000 PER PRODUCT! My lawyer said that Amazon would lose millions of sellers if they tried to enforce that.
Meanwhile, it looks like the FDA has somehow been able to now embed themselves inside of Amazon with the goal of cleaning house of any organic or natural products that compete with F! D!! A approved drug treatments that currently sell on Amazon.
Talk about government suppression! Has anybody else in this group had this experience? If so, what have you been able to do about it? Would welcome any advice.
THIS IS THE RESPONSE I RECEIVED BACK:
"Looking at your listings they are full of health claims! nothing says "aids with" or " may help" your cream literally states it WILL reduce wrinkles and such.... Many of those statements can no longer be legally made, unless you got lab evidence to proof it. I suspect more of your products will be pulled as the bot sorts them out...
Under the law, information on cosmetic labeling, including claims, must be truthful and not misleading. In addition, if a product is marketed with claims for purposes such as treating or preventing disease, or affecting the structure or function of the body—including the skin—it’s a drug according to the law, and it must meet the requirements for drugs, even if it affects the appearance.
Because FDA does not have the authority to approve claims before cosmetics go on the market, you may see cosmetics with claims that go beyond what the law permits. FDA monitors cosmetics on the market, and we can take action against companies that break the laws we enforce. For example, FDA has issued warning letters to cosmetic firms that have made unapproved drug claims for products marketed as cosmetics.
In addition, while FDA regulates cosmetic labeling claims, the Federal Trade Commission regulates advertising claims."