Case ID: 15938493281 - Urgent: Seeking Advice on Appeal Process with Possible Account Deactivation

Hello,

I’m in a tough situation where Amazon has informed me that my account could be deactivated within 72 hours (now approximately 50 hours left) if I don't submit an appeal they accept. I’ve already submitted an appeal regarding ASINs B00SQ1QJ4Q and B0BYLN7ZBB, which were wrongly flagged for containing Minoxidil. Despite providing detailed explanations about the root cause and the steps we’ve taken to prevent future violations, Amazon keeps requesting more information.

Below is detailed appeal I have submitted.

Amazon continues to respond with, “We received your submission, but require additional information to resolve this issue.” I’m unsure what else they are looking for. With the clock ticking, I urgently need advice from anyone who has faced a similar situation.

Thanks!

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Dear Amazon Seller Support,

Thank you for your prompt response to our initial appeal. We appreciate the opportunity to provide further details regarding the restricted product policy violation associated with ASIN B00SQ1QJ4Q and B0BYLN7ZBB.

1. Root Cause of the Violation:

Product Type:

ASIN B00SQ1QJ4Q refers to "ORS Olive Oil Style & Shine Frizz Control & Shine Glossing Hair Polisher, infused with Pequi Oil for Smoothing (6.0 oz)," a cosmetic hair care product designed to condition, moisturize, and provide shine to the hair. Similarly, ASIN B0BYLN7ZBB is another cosmetic hair care product with similar properties.

Policy Violated:

The policy in question relates to Amazon's "Restricted Products" policy, particularly the prohibition of unlicensed drug products. The violation notification indicated that these ASINs were flagged for containing Minoxidil, a regulated drug under Health Canada's guidelines for treating hair loss.

Details on the Misclassification:

The root cause of this violation is a misclassification of the products. The Amazon system incorrectly identified these cosmetic products as containing Minoxidil, automatically categorizing them as unlicensed drug products under Health Canada’s regulations.

Since I am not the original creator of these ASINs, it is possible that incorrect information was added to the product detail page by another seller, leading to this misclassification. Unfortunately, there is no way for us to verify this for certain. However, we have taken steps to update the product listing details to match the product packaging and label information, including bullet points.

2. Health Canada's Requirements for Products Containing Minoxidil:

Health Canada mandates that any product containing Minoxidil must be regulated as a drug. The key requirements include:

- Drug Identification Number (DIN): Products containing Minoxidil must have a Drug Identification Number (DIN) issued by Health Canada.

- Product Licensing: Manufacturers must submit a drug submission to Health Canada and comply with Good Manufacturing Practices (GMP).

- Labeling Requirements: The label must be bilingual, list all ingredients, include dosage information, and display the DIN.

- Advertising and Marketing: All advertising must comply with Health Canada’s guidelines for drug products.

- Post-Market Surveillance: Manufacturers must monitor the product’s safety and report any adverse reactions.

- Prescription Status: Minoxidil is typically available over-the-counter in lower concentrations, with higher concentrations requiring a prescription.

However, these stringent requirements do not apply to ASINs B00SQ1QJ4Q and B0BYLN7ZBB, as confirmed by the labels on the packaging and the ingredient lists provided. These products do not contain Minoxidil and, therefore, do not fall under the regulatory category of drug products as defined by Health Canada.

3. Steps Taken to Prevent Future Violations:

Enhanced Product Review Process:

We have instituted a more rigorous internal review process for all product listings. This process involves a comprehensive check of each product's ingredient list against Amazon's "Restricted Products" policy and other relevant guidelines. Our team now uses an enhanced checklist to verify that all product descriptions, ingredient lists, and claims are accurate and comply with Amazon’s policies before they are submitted for listing.

Dedicated Compliance Person:

We have assigned a full-time compliance person responsible for the ongoing monitoring of all our product listings. This person stays up-to-date with Amazon's policy changes, regularly reviews our product offerings to ensure continued compliance, and works closely with our listing team to verify that all products meet regulatory standards before they are listed on Amazon.

Staff Training and Education:

We have initiated regular training sessions for our team, focusing on educating them about Amazon's restricted product policies and relevant local regulatory requirements in different marketplaces. This ensures that all employees involved in the product listing process are knowledgeable about the rules and capable of identifying potential issues before they result in policy violations.

Regular Audits:

We have implemented a routine audit schedule that involves a thorough review of all active listings. These audits ensure that all our products are accurately described, classified, and fully comply with Amazon’s restricted product guidelines.

Decision to Avoid Using Existing ASIN Listings:

We have decided to refrain from using existing ASIN listings going forward, as we do not have control over the information added to the product detail page by other sellers. Instead, we will primarily focus on products that do not already exist on Amazon and will create our own listings. This allows us to ensure that all product information is accurate and complies with Amazon's policies from the outset.

4. Decision Not to Sell ASINs B00SQ1QJ4Q and B0BYLN7ZBB in the CA Marketplace:

In light of the recent misclassification and the complexities involved in resolving this issue, we have decided not to offer ASINs B00SQ1QJ4Q and B0BYLN7ZBB for sale in the Canadian marketplace moving forward. This decision is part of our commitment to ensuring full compliance with Amazon's policies and avoiding any further complications related to these products.

We trust that the information provided above addresses the concerns raised and demonstrates our dedication to adhering to Amazon's guidelines. Should there be any further questions or need for clarification, please do not hesitate to reach out.

Thank you for your attention to this matter.