Ninth Circuit revives suit over Amazon sodium nitrite used in teen suicides

SEATTLE (CN) — The families of two teenagers who died after ingesting sodium nitrite purchased from Amazon can pursue claims against the online retail giant after the Ninth Circuit reversed a dismissal on Thursday.

“Under the facts alleged here, ‘the act of suicide, as a matter of law, is not a superseding cause that precludes plaintiffs’ [Washington Product Liability Act] claims,’” a three-judge panel of the Ninth Circuit wrote in a six-page memorandum.

The decision comes on the heels of a recent Washington state Supreme Court ruling, which held that the Washington Product Liability Act doesn’t require a product to be defective for a party to pursue claims.

“Amazon harmed countless people and tried to dodge responsibility,” Naomi Leeds, attorney representing the families, said. “This ruling makes it clear: there are no exceptions to the duty not to harm.”

The families of Kristine Jonsson and Ethan McCarthy sued Amazon in 2022. Both teenagers ordered the water-soluble, crystalline powder chemical at the recommendation of a pro-suicide website, which recommended the substance as an “effective method of completing suicide that is cheap and easy” and “difficult for family members and professionals to stop.”

A lower court dismissed the families’ claims in 2023, finding Washington law distinguishes between and imposes different liability standards on manufacturers and product sellers for harm caused by defective products.

The families appealed to the Ninth Circuit, and eight days before oral argument in late 2024, the Washington Court of Appeals reversed a state trial court decision in a similar case.

The state appeals court ruled that the families of four teens who died by suicide through ingesting sodium nitrite bought on Amazon could not proceed in their state law case against the company, similarly finding that Washington law doesn’t hold sellers to “protect against the intentional misuse of a product.”

The Ninth Circuit panel — which includes U.S. Circuit Judge Ryan D. Nelson, a Donald Trump appointee, and Bill Clinton appointees U.S. Circuit Judge Marsha Berzon and U.S. Circuit Judge William A. Fletcher — deferred ruling on the Jonsson and McCarthy families’ case while the parties in the state court case appealed to the Washington Supreme Court.

In light of the Washington Supreme Court that determined Amazon has a duty to exercise reasonable care to avoid the foreseeable consequences and harm of selling the sodium salt, the Ninth Circuit found the Jonsson and McCarthy families could pursue their claims.

“Because we conclude that plaintiffs’ negligence and product liability claims are adequately pleaded, we reverse the district court’s dismissal of plaintiffs’ [negligent infliction of emotional distress] claim,” the panel wrote.

The federal appeals court also instructed the lower court to consider the families’ accusations that Amazon intentionally misrepresented or concealed information about the risks of nitrite.

Counsel for the families noted the ruling comes after years of litigation with Amazon.

“Though we won this reversal, this is a sad moment as we reflect on how almost five years ago we first notified Amazon about how it was selling a product, 99% pure Sodium Nitrite, which was recommended online for suicide and had no household use,” said Carrie Goldberg, attorney representing the families. “Since then, Amazon’s lawyers insisted that they could legally sell the poison without liability, regardless of how many deaths it caused.”

While celebrating the legal win, Goldberg said the delay came at a cost.

“Despite this win, we grieve the many additional lives lost because Amazon committed to a legal falsehood,” Goldberg said. “Lawyers and companies are bound not just by the rule of law, but also the rule of humanity.”

Sodium nitrite is not sold as a product for self-harm or suicide; it is found within food preservatives but mainly used as a corrosive inhibitor, microbial or antidote to cyanide poisoning. When sodium nitrite exceeds 95% purity, it is labeled as a reagent chemical, where trace amounts can cause extreme illness or death.

A 2021 investigation by The New York Times linking dozens of suicides to purchases of sodium nitrite from Amazon led to members of Congress in 2022 demanding answers from the company about its sales practices.

Amazon said it restricted the sale of high-concentration sodium nitrite to Amazon Business buyers in late 2022 and banned the sale of sodium nitrite in concentrations over 10% in November 2025.

A spokesperson for the company extended condolences to the families and said the company is committed to customer safety. The company said it also requires its selling partners to follow applicable laws and regulations.

“High-concentration sodium nitrite is not intended for direct consumption, and unfortunately, like many products, it can be misused,” the spokesperson said. “While we disagree with the court’s ruling, we remain committed to the safety of all our customers.”

If you are having thoughts of suicide, call or text 988, or call the National Suicide Prevention Lifeline at 1-800-273-8255 (TALK). VisitSpeakingOfSuicide.com/resources* for a list of resources.*