Can Amazon Be Held Liable for Chemical Suicide? Washington Supreme Court to Decide

On September 9, 2025, the Washington Supreme Court heard oral arguments in Ruth Scott, et al. v. Amazon.com, Inc., one of several consolidated lawsuits where the plaintiffs are seeking to hold Amazon liable for several suicides committed using industrial strength sodium nitrite bought from the Amazon website. The plaintiffs are hoping for a favorable ruling after having suffered a few losses.

The arguments come after a Washington court of appeal held that Amazon couldn’t be held liable for the deaths because, according to the court, the Washington Product Liability Act (WPLA) doesn’t impose a duty on sellers to prevent intentional misuse of the product and also because the court didn’t believe some of the plaintiffs could prove causation. A federal district court also freed Amazon from liability in a similar lawsuit, although that ruling is not binding on the Washington courts. See McCarthy v. Amazon.com, Inc., No. C23-0263JLR (W.D. Wash. June 27, 2023), which granted Amazon’s motion to dismiss and dismissed plaintiffs’ amended complaint with prejudice.

The plaintiffs—family members of the decedents who committed suicide—are asking the Washington Supreme Court to overturn that ruling and allow them to proceed against Amazon. For a little background, sodium nitrite is a chemical substance that can be used to treat cyanide poisoning and, at very low concentrations, is used as a meat preservative. The type sold on Amazon’s website, though, was very highly concentrated and has no legitimate household use according to the plaintiffs. It also mixes easily with water, which is how the decedents in these consolidated cases consumed it.

Sodium nitrite crystals. Image: Wikimedia Commons

In seeking to have the Washington Supreme Court reverse the court of appeal ruling exonerating Amazon, the plaintiffs pointed out to the Washington Supreme Court that on the product listing page for the sodium nitrite, Amazon also “suggested” a book on how to commit suicide and anti-vomit medication, which the plaintiffs characterized as “suicide kits.” Amazon’s response was that these recommendations were just the result of a website tool that showed other products also viewed by customers who purchased sodium nitrite.

Additionally, the plaintiffs argued that Amazon knew sodium nitrite was frequently misused as a suicide agent because Amazon had received numerous warnings and complaints about it, and other online marketplaces had banned its sale to private individuals. As far back as 2016, people were writing on one Amazon seller’s listing that sodium nitrite “will kill you” and urging Amazon to remove the listing.  Amazon did eventually remove the product listings, but years after it had received complaints from grieving parents whose children had ingested the product, and even then, only after two lawsuits were filed over suicides with sodium nitrite.

Among the many important issues in the cases, it presents the interesting legal issue of whether a retailer like Amazon can be held liable under the WPLA even when the product itself isn’t defective. Ever the picture of empathy, Amazon has argued it can’t, instead claiming the suicides were caused by the decedents’ “voluntary choices to commit suicide by intentionally ingesting an industrial-grade chemical, not from something wrong with the product.” But the Washington Supreme Court seems skeptical of that stance and the court of appeal rejected that argument despite ultimately ruling in Amazon’s favor.

But sometimes good things can be born from tragedy. In this case, the State of Washington passed “Tyler’s Law” in honor of one of the suicide victims, that prohibits the sale of sodium nitrite at concentrations greater than 10% to anyone other than businesses that have a specific use for higher grades. The products also must say: “WARNING DANGER: Deadly if ingested. If ingested, seek immediate medical attention for intravenous administration of methylene blue. Ingestion of sodium nitrite, even in small quantities, causes severe methemoglobinemia, extreme pain, and imminent death. Keep out of reach of children.”

Our product liability attorneys at SHK Law will be keeping a close eye on the Washington Supreme Court for this one. While its ruling won’t be directly applicable in California, it definitely could influence California’s courts on how to rule in any similar cases.

Important Disclaimer

This article discusses sensitive topics related to suicide and self-harm. If you or someone you know is struggling with thoughts of suicide or self-harm, please know that help is available.

National Suicide Prevention Lifeline:
988
Available 24/7 for free and confidential support

Crisis Text Line:
Text HOME to 741741

You are not alone. Professional help and support are available, and recovery is possible.

This content is provided for informational purposes only and should not be considered legal advice.