How we were able to easily list illegal products for sale on online marketplaces

A Which? investigation has shown just how few barriers are in place to prevent dangerous products from being listed for sale on popular online marketplaces.

After going undercover as a seller on Amazon, eBay, Etsy and TikTok Shop, we found it all too easy to list an electric heater that appears identical to one officially recalled by authorities due to serious safety concerns and that we've previously reported to three of the platforms. Worse still, we were able to easily relist this dangerous product after we reported and had it removed from eBay and Etsy.

With the new government announcing a Product Regulation & Metrology Bill that could bring greater responsibility to online marketplaces, it’s high time adequate measures are put in place to prevent the sale of dangerous products and for platforms to be held to account for potentially dangerous products that are putting consumers at risk.

Video: We went undercover to sell illegal heaters

Find out what happened when we infiltrated online marketplaces with dangerous products.

The illegal product we listed for sale

The product we listed for sale was a plug-in heater that appeared identical to one recalled by the Office for Product and Safety Standards (OPSS) as far back as December 2022. 

We decided to go undercover as a seller to find out how easy it is to sell an identical-looking heater on Amazon, eBay, Etsy and TikTok Shop.

eBay – algorithms seem to prioritise selling over safety

Unsafe heater listed on eBay

Our dangerous plug-in heater looked identical to one sold on eBay that was singled out as hazardous in the OPSS’s product safety report. 

Which? has also bought several unbranded models of this heater from eBay and all of them failed our safety tests. When we reported these illegal heaters to eBay, it removed them and said ‘we work with stakeholders and authorities, including Trading Standards, to keep our site safe. Listings reported by authorities around the world will be removed within two hours.’ However, we saw at least a dozen listings for identical-looking unbranded plug-in heaters at the time of this investigation.

Listing ours again was simple. eBay even recommends a price based on similar listings, which suggests its algorithms should be capable of spotting a product that looks identical to one that has been recalled. 

Electric heater listings on eBay

Sellers aren’t required to provide any product safety information. You’re given the option to include a product manufacturer’s contact information ‘in case a buyer has product safety or compliance questions’ and to ‘add the [safety] warnings present in your item’s user manual or on the packaging’, but this information is not mandatory.

After our unsafe heater had been on sale for a month, we edited our eBay listing to include the barcode, product and risk description in the OPSS’s product safety report – which outlines that the heater presents a serious risk of electric shock and does not meet UK safety regulations. The platform only took action when we anonymously reported the heater – at which point it swiftly removed our listing – seven weeks after we put it up for sale.

However, we easily relisted the heater from the same seller account – it took eBay two weeks to remove it.

Verdict: Fail 

Amazon – safety checks proved inadequate

Unsafe heater on Amazon

When we reported the unsafe heater to Amazon last year, it told us: ‘Safety is our top priority. Products need to comply with applicable laws and regulations and we monitor for safety concerns.’

When we listed an identical-looking heater, Amazon initially appeared to do more checks than its rivals: sellers must provide a product ID such as an EAN barcode when listing a product. We didn’t have one because our heater was an unbranded, unsafe product, so we shouldn’t have been able to list it at all. Yet doing so was easy because Amazon granted us an exemption even though we hadn’t requested one.

Amazon seller exemption

Shortly after we listed our dangerous heater for sale, Amazon asked us to submit a Declaration of Conformity – a legal document stating that a product complies with all relevant safety standards – or photos of the CE mark and hazard warnings. However, it gave us two months to submit this evidence of safety compliance and we could continue to list our product for sale during that period.

Two weeks into our two-month grace period, Amazon removed our heater from sale due to 'safety and/or non-compliance issues' after identifying it as a recalled product. Yet we were able to relist the illegal product from the same seller account – this time it took just over a week for it to be removed from sale. Despite tighter controls, we were able to list our unsafe heater for sale for more than three weeks in total. 

Verdict: Partial credit 

Etsy – no longer a marketplace for handmade and vintage goods

Unsafe heater listing on etsy

When we spotted an identical-looking heater on Etsy last year and reported it, the platform removed the item because it ‘violated its handmade policy’. Everything listed for sale on Etsy ‘must be handmade, vintage or a craft supply’ according to its seller policy. 

Yet a quick search on its website reveals dozens of items that appear to be none of the above - everything from toothbrushes and washing up bowls to heated clothes airers and electric heaters, including a ‘vintage’ plug-in heater that appears to be identical to our dangerous one. 

Electronic products on etsy

Creating a listing for our unsafe heater was all too easy – it only took a couple of minutes to list the product on its site. Like eBay, Etsy failed to spot our dangerous listing – even after we edited it to include the same wording as the OPSS’s product safety report. 

When Etsy still didn’t remove our listing, we reported the item – it was blocked the following day, but we easily relisted it from the same seller account. Our unsafe heater remained on sale until we approached the platform with our findings. In total, we were able to list it for sale for over 10 weeks.

Verdict: Fail 

TikTok Shop – too easy to list ‘restricted products’

Unsafe heater on TikTok Shop

Although Which? hasn’t previously warned TikTok about this particular heater, we’ve reported different dangerous electric heaters to the social media platform before and had these removed. 

TikTok categorises electrical goods, including heaters, as restricted products. Its seller guidelines explain that it’s mandatory to provide ‘images of the product featuring their UKCA/CE marking and applicable [safety] warnings’. But this turned out to be optional, so we easily listed our dodgy heater on TikTok Shop without submitting a photo of a UKCA or CE marking, which would have proved compliance with UK or European safety standards. 

After it had been on sale for a month, we added the OPSS’s product description and warning that the heater presented a serious risk of electric shock to our TikTok Shop listing. A week later, we reported the item from a different user’s account, but TikTok still failed to remove this dangerous product from sale. It only did so when we formally approached the platform with the results of our investigation – nearly three months after we put it on sale.

Verdict: Fail - 

How to avoid dangerous products on online marketplaces

Burned out plug

Unlike high street or regular online retailers, online marketplaces aren’t legally responsible for the products sold through their platforms so shoppers need to be extra-careful who they buy from – especially when purchasing electrical items.

Steer clear of brands you haven't heard of and unbranded products. Check out the seller. Be wary of counterfeits and fakes. 

Why tighter controls for online marketplaces are overdue

Which? believes online marketplaces have failed to put in place adequate checks and measures to prevent dangerous products being sold through their platforms and could be endangering consumers' lives as a result. We want marketplace sites to be held to the same standards as traditional retailers, and to ensure the products sold through their platforms meet UK standards. 

We're calling for the government to ensure the Product Regulation and Metrology Bill gives online marketplaces clear legal responsibilities to prevent the sale of unsafe products, and for the regulator to be given enforcement powers, including the ability to impose heavy fines. 

Rocio Concha, Which? Director of Policy and Advocacy, said: '

'Despite their assurances, it is clear that current measures taken by online marketplaces to detect and prevent unsafe products from appearing on their websites are not working and some of the platforms appear to be treating safety as an afterthought. 

'The government’s Product Regulation and Metrology Bill is a once-in-a-generation opportunity to place clear legal responsibilities on online marketplaces to prevent unsafe products being sold. New laws must be robustly enforced by a regulator that has the ability to issue heavy fines.'

What the platforms said

eBay Etsy TikTok Amazon News, deals and stuff the manuals don't tell you. 

source https://www.which.co.uk/news/article/how-we-easily-listed-an-illegal-product-on-online-marketplaces-a8cJp4R3hhAX
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