Washington Supreme Court Allows “Suicide Kit” Lawsuit Against Amazon to Proceed 

On February 19, 2026, the Washington Supreme Court ruled that a wrongful death lawsuit against Amazon for its role in selling (and promoting) toxic chemicals and related products to teenagers may proceed beyond the motion-to-dismiss stage. EPIC submitted an amicus brief in the case explaining that Amazon’s powerful consumer surveillance systems contradicted the company’s assertion that it had no way to know if vulnerable users were looking at products meant to enable suicide.

The case, Scott v. Amazon.com, was brought by surviving family members of teens who tragically killed themselves with toxic chemicals purchased through Amazon. The lawsuit alleges that Amazon directed potential buyers of these chemicals to other products that would assist in suicide, including a suicide instruction book and drugs to prevent life-saving vomiting.

Amazon attempted to dismiss the suit, arguing it could not be held liable for the teens’ deaths because the suicides constituted a superseding cause and Amazon did not have a duty to prevent them. Among other things, Amazon argued it did not know the teens were likely to use this product for suicide.

However, as EPIC explained in our amicus brief in the case, Amazon’s extensive data collection on its users gives them greater insights into how users are likely to use products. Amazon should not be permitted to use its extensive consumer surveillance capabilities only for its own gain while disclaiming any responsibility to keep its users safe from egregious, predictable harms.

The Washington Supreme Court’s decision allowing the lawsuit to proceed is, consequently, a step in the right direction. The court held that suicide does not necessarily preclude claims under the Washington Products Liability Act, and that Amazon, as a product seller, has a legal duty to exercise reasonable care to avoid the foreseeable consequences of selling products like toxic chemicals. Based on this ruling, related cases that have been put on hold pending the outcome of this case can proceed.

EPIC regularly submits amicus briefs in lawsuits seeking to hold tech companies liable for algorithms that exploit the huge amounts of data they collect and store on consumers.