Amazon Account Reinstatement and Suspension Prevention

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May 22, 2016

More Confusion About Using UPC Codes on Amazon.com

Last week’s blog post was full of bad news. Used media sellers can get suspended for inauthentic claims, UPC codes that don’t match the brand will be flagged for inauthentic – a huge source of heartburn for those who make product bundles or who use their own UPC codes for branded products that seemingly don’t have UPC codes. This week I tried to get some clarification from Amazon and other sources. Here’s my answers to your questions.

Q. Does Amazon Want us to Buy Our UPC Codes from GS1?

Yes. They recommend it. But, to be clear, these are UPC codes for YOUR BRANDED PRODUCTS. In other words, if you are selling Cynthia’s Amazing Birthday Boxes which has toys and candies in it, you should register your brand and then buy a GS1 UPC code for it. If you are selling a FROZEN® bundle of beauty products, then you CAN’T do that. You are not Disney and you do not have the right to license their products or bundle them without permission.

brickMortarStore-1In this way, we are different from most retailers. A brick and mortar store can easily take a bunch of branded items and put them into a cute container and sell them to you as a special deal (buy a towel, get a free washcloth and rubber ducky!). If they need a code for the check-out kid to scan, they use an internal code system. The GS1 is a huge database that uniquely identifies your brand in the global supply chain. If you don’t own a brand, you don’t use their codes. It is as simple as that.

If you are a private label seller, then getting a GS1 extension definitely makes sense – although it is not required – because it will be easier for Amazon to help you defend your listings for those who might create bundles or offer for sale your products in some unauthorized way. You can prove you own the GS1 for your brand and Amazon can easily confirm it.

Q. What if I Already Have UPC Codes from Somewhere Else?

frozen-glam-setThose UPC codes should still be OK as long as you are using them for your own unique bundles and NOT someone else’s brand. What Amazon is doing is checking all UPC codes against the GS1 database. Their concern is for brands. So if you are selling a Disney bundle without a Disney UPC extension and/or code, then they will shut you down because your code is invalid. If you are selling your own brand using a UPC code purchased elsewhere, that’s OK.


Q. What is the GS1? Does it Give Us Authorized UPC Codes?

Not exactly. GS1 is three things: 1) a huge database of branded product extensions (the unique digits that identify each brand) that you can search; 2) a system that helps you generate and manage your own UPC codes; and 3) an annual subscription for as long as you want your brands in their database.

UPC AnatomyThink about it this way, if you want to be able to generate and manage 100-100,000 UPC codes (like many apparel companies with all their size and color variations for example), you don’t want to buy someone else’s UPC codes, you want to manage your own. You can make the numbers actually mean something internally rather than being random. You can tell immediately what the item is just from the numbers in the UPC code. In addition, you can track where it came from and when – critical to food manufacturers who have to be able to instantly recall tainted food or drug manufacturers with tampering scares. The GS1 also provides proof of brand ownership and makes it easy to tell if someone has added their own UPC code to your brand…which is what Amazon is doing now.

Q. If I’m Able to Buy a UPC Code with the Same Extension as the Brand I Want Is That OK?

Absolutely not! It is not only illegal, Amazon would likely ban you from the platform without an appeal. Then you would have to deal with the brand’s lawyers. And to the person who asked me how Amazon would find out (c’mon! really?!), you need to know that the big brands have given Amazon a full list of their UPC codes and continue to do so as they add new products. Amazon is not just checking their extensions. See answer below for many of these brands (not necessarily comprehensive).

Q. Does This Mean We Can’t Create Bundles from Others’ Branded Products?

Princess-ShowerYes…and not exactly. If you read one part of SellerCentral, it makes it sound like it is fine to create bundles and use your own UPC codes. If you read another part, it indicates that your bundles may be closed by Amazon as inauthentic. Here is the difference. You can create bundles, but NOT branded bundles (unless you own that brand). So if you want to put together some cute Disney bath items you can, BUT you can’t call it a Disney bundle. It would be: Bundle: Shampoo, Conditioner, Bath Poof, Princess-themed. In the DESCRIPTION for the bundle you can mention that it is Disney Princess® Shampoo, conditioner, etc. But not in the title. In addition, you would NOT put Disney as the manufacturer. You are the manufacturer. Put your brand: Cynthia’s Amazing Bathing Supplies. Attach your UPC code that you bought from GS1.

Q. Can We Get an Exemption from Needing a UPC Code?

Yes. You can get exemptions in certain situations. If your bundle is eligible for an exemption, then you don’t need a UPC code. The trick is to get the exemption first before making a bundle or listing a product. PS. A GTIN is a Global Trade Item Number which includes UPCs, ISBN, EAN and other product identification numbers (because UPC wasn’t enough of an acronym…).

Eligible cases for GTIN exemption

  • Brand, manufacturer or publisher does not provide a GTIN for the products. For example, private label products, or hand-made products
  • Non-branded products that do not have GTINs. For example, wholesale products
  • Parts do not have a GTIN. For example, some automotive parts do not have a GTIN
  • Bundles that do not have a GTIN. For example, customized bundles may not have a GTIN. So if your bundle has a customized element like a person’s name, then you can possibly get an exemption. To create bundles correctly, see Product Bundling Policy before requesting for a GTIN Exemption

Q. How Do I Get an Exemption?

You need to prepare your case for Amazon. You will need:

  1. A support letter from the brand owner, manufacturer or publisher to prove that they do not provide a GTIN for the products or a list of sample products for Amazon to review. The letter has to have the issuer’s name and contact information and state explicitly that they do not provide a GTIN for all the products that you sell. It must include your physical address, phone number, email or website address. It must be in English or the marketplace’s local language.
  2. A website link to view the products. If there is no website, upload pictures to an online image service or Snagit or Google Docs with a link.

Here’s a link to a template Amazon recommends for the support letter: http://screencast.com/t/zJ4GNZuVaY

If you can’t get a support letter, you should submit a list of sample products for them to review using this template. Please note that if your bundles consist of products from the same brand, then use this template. If they are non-branded products, use this template:

Then you apply here.

We’re saved! Bundles galore! Oh wait, it surely isn’t that easy is it? Nope. Because some brands require a GTIN to list. No exemptions. Any ASIN that belongs to any of these brands and does not have a GTIN will be suppressed.

Q. Does Amazon Give us the List of Branded Products that Require UPC Codes?

Yes. Glad you asked! If you desire a UPC exemption in a category, make sure the brand of the item is not included in one of the following lists of major brands that require a UPC. My assumption is that these are the brands that have given Amazon their complete lists of UPC codes, BUT I would not rely on it to be comprehensive. I’m sure new brands are being added every day:

Q. Disney is One of the Brands That Requires UPC Codes. Does This Mean I Can’t Create a Bundle with Disney Products?

You can create a bundle but you can’t list Disney as the manufacturer and you can’t mention them in the title. Preferably you would have your own brand of gift bundles and list it under that. See my answer above.

In food it is clear. I can create a box of goodies from a mixture of brands and brand/label the product as mine (Cynthia’s Excellent Nibblies). If I want to create a multipack of Jelly Belly’s, I can’t. Only the manufacturer can. If I want to private label the Jelly Belly’s and take a 10lb bag and break it out into 10 1-lb bags I can as long as it is follows the health laws and is a private label product. If I want a 3-pack of three different kinds of retail box Jelly Belly’s I can do that. Wait, did I say food was clear? Sigh.

You’ll notice that none of the lists Amazon gave us includes food. I suspect this is because their rules were already set a year ago under grocery category restrictions. You can create food gift boxes with branded items to your heart’s desire as long as the bundle is under your brand.

Q. I Have Lots of Bundled Products on Amazon. What Should I Do Now?

  1. Change the titles. Take out the name of the brands.
    Instead of “Disney Cars® Conditioner and Shampoo Bundle,” call it “Boys Conditioner and Shampoo Bundle.
  2. You can still name the brands in the listing details or keywords
  3. Change the brand name/manufacturer to your brand
  4. Brand your bundle. Cynthia’s Boys Bathtime Fun Pack ¬– Conditioner and Shampoo Bundle
  5. Or, take your listings down if you are worried about getting caught with an invalid UPC code.

Q. What if I Can’t Change the Listing?

If the listing was created by the brand and you just listed against it, you are fine. If this is a listing you created yourself, you can change it. If this is a listing created by another seller, you should be able to change it unless they brand registered it. In that case, they need to change it. You can check the UPC against the GS1 to see if it matches the brand. If it doesn’t, you may want to close your listing until things get sorted out or until you can create your own listing that complies with the new reality. Obviously, if the listing is already compliant you don’t need to worry about it.

Q. If I Can’t Use the Brand Name in My Listing, It Won’t Sell!

Not exactly a question, but my answer is to put the brands in your description or keywords and make sure you have awesome pictures that follow Amazon style guidelines. In this way, your picture will hopefully be enticing enough for a buyer to open your listing and see the details on your bundle. If your items have a particular scent or flavor, you may be able to use that in your title even if you can’t use the brand. Neutrogena Rainbath Pear and Green Tea Shower and Bath Gel is trademarked but “Bundle – Shower and Bath Gel plus Shampoo and Body Lotion in Pear and Green Tea Scent” isn’t. You’ll have Neutrogena in the description or keywords and the picture. It should sell. Naturally if someone else has a similar bundle and they have not converted their listing to comply they may be higher on the search page than you because their bundle is more relevant.

Only you can decide how much risk you can live with. Amazon WILL get around to every bundle eventually.

Q. Is There Some Way Around This so Amazon Won’t Catch Me?

Gaming the system will make it worse for everyone by forcing Amazon to crack down on the brand registry to make it harder to cheat. Stop thinking this way. Focus on how you can comply vs how to get around the rules.

Q. What are the Disadvantages to Creating Branded Bundles on Amazon?

  • You don’t own the bundle. If the Brand decides to sell on Amazon as a seller, they will automatically have control of YOUR listing. They can change it or take it down at will. Once brands realize this, many will become “sellers” on Amazon so they can take over listings they don’t like. Think about that. If Neutrogena starts to sell on Amazon? Say bye-bye to your bundle.
  • Amazon will catch you if the UPC code is invalid.

Q. Is There a Safe Way to Create Bundles on Amazon?

I can never use the word “safe” with Amazon, but it seems like you can protect yourself if you follow these rules:

  1. Don’t put brands in your titles unless you own the brand
  2. Create your own branded bundle: Cynthia’s Bathtime Fun Pack vs. Disney Cars® Conditioner & Shampoo Bundle
  3. Create a FREE bonus or FREE gift. i.e. Disney Cars Shampoo + FREE Conditioner. This allows you to use the manufacturer’s UPC for the shampoo and yet create a bundle. It is one way to avoid the issues with UPC codes. This loophole will probably be shut down eventually.

Q. Amazon Hasn’t Sent Me Any Notifications. Does That Mean My Bundles Are OK?

No. It just means it will take Amazon a while to catch everyone. I expect this to be a long process.

Q. Will Amazon Grant Amnesty to Sellers?

Hah ha ha ha ha ha ha! Thanks for the laugh. Probably not. They only do that when they feel that something is their fault. They never feel that.

Q. What About Bundles That Are Already Up There? Are They OK?

Not if they are using an inauthentic UPC code. It is just a matter of time. I strongly urge sellers to fix their bundle listings NOW. Let’s put it this way, this next week is your amnesty. Use it wisely.

Q. What if Amazon Suspends Me for My Bundles?

Call us. 972-432-6398. Http://onlinesalesstepbystep.com/reinstatementfaq. While it is no comfort to you today, your experience will help other sellers.

Last Word About UPC Codes…For Now

Use your common sense. If you are looking at a familiar brand and want to create a bundle with it, it is probably registered with the GS1. If it isn’t, you are OK for now…but what about tomorrow when that brand registers? It is safer to not use brand names in your bundles. You can check the GS1 database if you really want to, OR create bundles that don’t list the brand as the manufacturer and that aren’t listed in the title.

More About USED Items with Inauthentic Claims

Q. Is Amazon Requiring that we Prove Authenticity for ALL Items Whether NEW or USED?

Technically, they only require we prove authenticity for items where there has been an accusation of counterfeit or inauthenticity…which means, YES. If you can’t prove authenticity when they ask you, you’re in trouble. You can recover from it once (assuming you don’t have a lot of problems with authenticity already in your NEW items), but that’s it. After that, you can’t afford one more claim where you can’t prove where you bought it. Counterfeit is counterfeit, stolen is stolen.

Q. Will They Actually Suspend You for Inauthentic USED Media?

Yes. My client sold a USED CD that got him shut down. I know I already answered both these questions last time, but many sellers are staggering around like deer in a headlight right now and I’ve been asked several times if it is really true.

Q. I Have a Lot of USED Inventory at Amazon That I Bought at Book and Estate Sales. What Should I Do?

So do I. My client had to remove all of his. Some of it he is selling on eBay, etc. This is a risk assessment you have to take for yourself. You can sell out of what you have and don’t buy any more where you can’t get a detailed, printed receipt (no hand-written ones), you can get rid of everything, or you can play the odds. CDs, DVDs and video games are much more likely to be counterfeit/bootleg. There are also counterfeit textbooks.

Q. What About Collectibles Like Collectible Games and Toys?

SDCC-2015-DC-Collectibles-Arkham-Saturday-001I’ve not seen anyone suspended yet for inauthentic collectibles…but it could happen. As Amazon said to us “counterfeit is counterfeit, stolen is stolen.” If they have a reason to believe that your rare game from the 1950’s is a fake, you’re in trouble if you bought it at an estate sale. This is very upsetting to me. I have a LOT of collectible games and puzzles on Amazon that I bought at estate sales for cash. I’m leaving mine up there for now but I won’t buy any new ones.

Also, one thing I’ve seen with collectible games/toys that is already against policy but which I think will really get sellers in trouble now is when they substitute parts for games that are missing pieces. If you can’t find the original piece, DON’T substitute something similar from another game. That is against Amazon policy AND very likely to lead to claims of fake, inauthentic, missing pieces, incomplete, etc.

Q. What About Refurbs?

If you bought your refurbished item (here I am referencing factory refurbs, not YOU re-conditioning an item) from a legit source, you should have an invoice or receipt and be OK. If you didn’t buy from a retail store or direct from the manufacturer with a factory warranty, then you can’t list it as a refurb in the first place. It’s used but not a refurb. Secondly, if you can’t provide an invoice or receipt, you will be in trouble if it is questioned as inauthentic.

Last Word on USED Media…For Now

We’ve not gotten my client reinstated yet. This part of the story is still unknown. Amazon is dead set that the CD was a bootleg which means that it should have been obvious to my client when he bought it that this was not a legitimate CD. Possibly it was recorded in secret (a “Live!” performance). I don’t know. Counterfeit and Inauthentic claims are mostly about perception. The buyer thinks there is something wrong for a reason. Fix the reason and you’ll stop getting complaints. In the case of USED media buyers, we need to be very careful about what we buy that it looks legit and put stuff down that seems a bit “off” for any reason. Sometimes the claims come from the rights holder. They KNOW it is a fake but the seller may have been fooled. In the case of this CD, it is possible that the symphony KNOWS they never made a CD so it has to be counterfeit. In either case, you can’t argue with Amazon, you can only confess and repent. Put together a plan that tells Amazon how you will ensure it never happens again.

Reserve Cut

Springtime in New York…

My business partner Lesley Hensell and I will be in New York next week. I’m speaking at the Feedvisor conference, we’re working with some of our clients and we’re hosting a special event Wednesday night for our clients and friends of the company at the Reserve Cut Kosher restaurant in lower Manhattan – one of the best steakhouses in the city with fabulous atmosphere and great reviews. We are very excited to eat something extraordinary while in the Big Apple. If you are in the area I hope that you will join us! Please sign up now, we have to give the restaurant our final numbers by the end of the day Monday.

May 12, 2016

The 411 on UPC Codes and Inauthentic Claims for USED Media at Amazon

Peering inside Amazon’s black box algorithm is a Kabuki play – full of style, drama and mystery. This week I interpret several new moves in Amazon’s ponderous fan dance including enforcement of UPC codes, inauthentic claims for USED products and a new pricing tool from Amazon.

Embed from Getty Images

Amazon sellers who create bundles and multi-packs are worried. Amazon seems to be saying that they suddenly need a very expensive UPC code and that they have to have permission from the manufacturer/rights holder in order to do it.

People who are using their own UPC codes for multipacks and some bundles are losing their listing privileges. And to further make you unhappy, Amazon’s ability to check UPCs against the GS1 database has a huge impact on inauthentic claims – which are bringing down a lot of sellers of items that do not currently print UPCs on their items.

What Amazon is doing now is automatically checking Product IDs against the GS1 database. So if you are selling a product where you have added a UPC code that you purchased from eBay or some online dealer, basically, it won’t show up in the GS1 database as belonging to you or any other brand. IF this product is YOURS – a private label or manufacturer – you’re fine because you can register these with Amazon or even ask for an exception to have a barcode. In fact, they will give you a universal number for your unique products through the brand registry so you can sell them worldwide on Amazon’s platforms under that one number.

If the product is owned by someone else, then they have their own “product ID” [as Amazon calls the collection of UPC, ISBN, EANs (Europe) and JANs (Japan)] and you need to use that. Again, this is fine if you are selling solo items, but what if you have a multi-pack? You need a separate UPC code for that and if the manufacturer doesn’t have a multipack UPC code…then you can’t create one.

What Amazon says about Multi-Packs:

UPC Anatomy FINALFor most products listed on Amazon.com, a multi-pack listing is only allowed for a manufacturer-created pack with its own unique UPC. You must enter an Item Package Quantity (IPQ) for these products.

EXCEPTIONS: HEALTH & PERSONAL CARE MULTI-PACKS: One of the few cases where you can use 1 UPC code for all multi-packs.

Health and Personal Care Multi-packs — If you are selling more than one of the same product with the same UPC in “packs” (e. g. “Pack of 2”), enter the number of items in the pack into the “Count” field of the HPC template. Please note that you will need to upload your multi-packs in a flat-file.

Basic Bundling Rules:

There are a lot of rules about product bundling and you can read them in SellerCentral. I’m going to focus on the rules regarding Product ID numbers.

  • The bundle must have its own standard product identifier or manufacturer part number. The identifier of any individual product in the bundle may not serve as the identifier for the bundle. Using a UPC from any single product in the bundle to identify the entire bundle may lead to immediate removal of the listing. You are responsible for obtaining a UPC for each bundle you create.
  • Do NOT bundle branded products with generic products. This may mislead customers into thinking that the generic product belongs to the same brand.

If you read the basic bundling rules on Amazon, it would seem to be OK to use your own UPC code…as it has always been in the past. However, we see problems on the horizon.

Here’s the phrase that is causing so much angst:

“The use of false product identification information, including product IDs, is prohibited and can result in your ASIN creation privileges being removed. Product IDs will be confirmed against the GS1 database.”

Clear as mud, right? What is going on?

Here’s what you need to know:

  1. This rule is not new, but Amazon hasn’t enforced it until recently
  2. This is designed to stop sellers from creating derivative products from branded items
  3. It is designed to protect rights holders – a good thing if you are the rights holder
  4. It makes it easier for Amazon to verify authenticity of the products being sold on its platform
  5. It will encourage more sellers to go the Private Label route and….
  6. Yes, sellers will get suspended for not following the rules

We have two clients who are currently unable to create new listings because they lost their privileges.

Amazon started this last year about this time in Grocery. Food sellers were told they could no longer create multi-packs unless the manufacturer was selling a multi-pack (think Sam’s Club® or Costco® bulk purchases or wholesale bags/boxes) and commodity foods needed to be branded.

The interpretive dance at that time around this topic was a) what was a commodity food? And 2) would current listings be grandfathered in? Many current listings WERE grandfathered in. This doesn’t mean that Amazon won’t shut them down one day, but when the rules went into effect, they stopped sellers from creating new listings that broke the rules, but didn’t take down all the old ones necessarily (some came down).

Nobody got suspended at that time that we know of, but I have since seen warnings to sellers who are trying to sell commodity goods without properly branding and packaging their products. Under the new rules there is no piggy-backing on someone else’s listing for a commodity product unless they are buying it retail or wholesale, basically – like Hershey Bars®.

If I want to sell one-pound bags of certain kinds of candy, for example, I need professional equipment to take a 20-pound bag and place it into 20 bags with my brand on them – even it if it is a branded candy like M&Ms®. Someone else selling a 1-pound bag of M&Ms can sell the retail package or create their own brand and packaging. Confusing? You bet. Same with sunflower seeds, coffee or any other commodity. Simply putting it into a polybag or food-grade box won’t work anymore. If you want to make money on bulk food these days, you need to be in the food packaging business, basically.

People who sell bras, shoes and apparel need to particularly keep the GS1 database in mind. Often there is no manufacturer UPC code when you are buying the product at Marshalls® (for example) but that doesn’t mean that there isn’t a UPC code for that item somewhere.

In the case of multi-packs, don’t buy a UPC code and use it unless you are SURE there is no UPC number for the item. Just because you can’t find it doesn’t mean it doesn’t exist. That’s why you may need to check the GS1 database yourself if you are selling a branded product where you can’t find the UPC code. Contact the manufacturer first and then check the database. The GS1 database doesn’t tell you every single UPC code out there, but it tells you if your brand has an extension registered with them. This greatly enhances the likelihood that there is a UPC code for that item and that you need to find and use that rather than using your own.

An extension is like the first few digits of a credit card. They tell Amazon and others who owns the codes that follow that extension. For example, if brand X uses 1234 xxx xxx xxx for product ID codes, you know that ANY UPC code starting 1234 belongs to brand X. You don’t need to check all the digits. That is what Amazon is doing when it checks the GS1 database. If your UPC code doesn’t start with 1234 for that brand? You’ll eventually be flagged.

Now don’t even start. I can hear it now. “How long before they flag us?” We don’t know. I just know it will happen because now it is automated. That means Amazon’s searchbots are at work. Resistance is futile. Assimilation is inevitable.

Q. Do I have to buy my UPC codes from the GS1 Now? They’re expensive!

spongebob gift setI don’t know. If you are a manufacturer or private label, I’d suggest you do. When you put your bundles together now, really think through the issues first. As long as your bundles avoid being associated with any one brand, you should be OK – think Cynthia’s Fabulous Gift Boxes vs. SpongeBob Squarepants® Bundle for 8-Year-Old Boys. You probably don’t have the right to sell SpongeBob bundles, but you can sell gift boxes. Semantics? Yes, but think about how the Amazon robots work. They use key words, titles, UPC codes.

Cordelia Blake in the ScannerMonkey group is conducting an experiment with her own GS1 code. Check it out if you are interested.

Q. Why is Amazon Picking on Us?

It is all about cleaning up the catalog. There are too many duplicate pages and too many improper listings. In addition, it is hard to test the authenticity of a product if the UPC in the catalog is wrong. Many major brands (really big brands like Disney and Sony) have provided Amazon with their UPC codes. This means when you list a Disney product that doesn’t match their list of UPC codes, you’re in trouble.

We had one client who used her own UPC code for everything she sold on Amazon.  It was a nightmare cleaning up that situation.  She thought Amazon was like eBay. It wasn’t deliberate, but you can see why Amazon takes a hard line with that kind of behavior. It leads to lots of duplicate listings.

Q. What Bundles CAN I Sell?

productbundleIf you’ve created a bundle of, say, Disney Princess plates, napkins and cups for a party pack, is that OK to sell? Maybe. 99% of those items are licensed rather than direct from the brand. If you buy them from the rights holder (licensee) AND you have permission to re-sell them on Amazon, then you probably can create a bundle. What if you buy them at Target and create a bundle? Probably not. I say that from experience. I’ve been kicked off of listings by Amazon because I didn’t have the right to re-sell part or all of the bundle on Amazon even though I bought them retail at Target.

What if you are selling a gift bundle and it is full of candy and toys? If all the items are branded, you are probably OK. You can have a Hershey’s bar with a package of Minions Mike ‘N Ike® with a SpongeBob toy and a Cars® coloring book with Crayola® Crayons. That’s how I read the rules. In the title you would call it a bundle and not list any of the brands until the description bullets: Bundle: 8-Year-Old Boy Special “Feel Better” Gift Box by Cynthia’s Fabulous Gift Boxes for Special People™.

Last Word on UPCs…For Today

I’ll write more about this topic as I find out more. Currently I’ve not been able to reinstate my clients’ ability to create new listings once they’ve lost that ability. I’m not giving up, however. This enforcement is new which means mistakes will be made and Amazon will improve the process as time goes on.

Bottom line, I predict there will be suspensions and sellers will need to prove to Amazon that their bundle or multi-pack follows policy. It may be that sellers will need to provide invoices for every item in a bundle. If your bundle consists of a bunch of dollar store items, you may have a harder time proving authenticity unless the invoices are detailed and you are buying wholesale from the Dollar Tree® or Dollar Store® vs. retail.

Is Amazon Changing its Policies for USED Products?

Recently I’ve seen inauthentic claims that surprised and worried me as someone who sells used books and media on the platform. My understanding has been that Amazon does not seek authentic sources for used items. They know we are buying this stuff at book sales and thrift stores, etc. – all places that have lousy receipts. In fact, most of my receipts are hand written (disallowed as proof by Amazon). Many of my books were bought in large lots. I used to find CDs and DVDs the same way.

However, three times now I’ve seen Amazon go after a seller (including me) for inauthentic for used media. In previous cases I basically said, “Used media is not subject to the same authenticity scrutiny as new items” and it was OK. My Carl Sagan Cosmos book was allowed.

Last week we got a different response back from Amazon that said, “counterfeit is against policy whether new or used.” OK, but seriously? This was some obscure classical music CD my client bought at an estate sale. I felt a chill down my spine. If this is truly new policy, the implications are horrifying. Nearly all used, collectible and possibly refurbished items on the platform would vanish overnight if sellers had to provide detailed invoices.

What is Going On Here?

We escalated this issue with Amazon to see if we can get a clear answer on policy from Jeff Bezos’ team or someone senior. Rachel Greer and her team at Cascadia Seller Solutions helped us with our research. After a flurry of emails, a member of the senior executive team reviewed the case and told my client, “counterfeit is counterfeit,” and they still want to see invoices.

Here’s the problem. Counterfeit sellers are selling their products as used to circumvent the Product Quality team (who focus on New) so now they’re having to review Used products as well. Category gating has made it harder to list items of uncertain provenance as new, but it’s still simple to list as used. To combat these black hat tactics, used products no longer seem to be exempted from the automated algorithms. And as Rachel noted to me, “You know they’re not brilliant at separating the wheat from the chaff.”

She’s a master at understatement.

We were also told that it was not likely to be a regular thing (even though I’ve now seen three).  Amazon knows that we won’t be able to provide receipts/invoices so how many inauthentic/counterfeit strikes do we get before we’re suspended? Three in six months, five in a year are the numbers I’ve heard before.  I can’t confirm with Amazon, but seems right based on our experience.

Will They Actually Suspend a Seller for Inauthentic Who is Selling Used Media?

Yes.  We have a case currently. It upsets me a lot. If you are selling counterfeit as “used” to avoid inauthentic claims? Your days are numbered. If you are an honest used media and collectibles seller? Those dishonest bastards just ruined it for the rest of us.

What Should I Do if I’m a Used Media or Collectibles Seller?

Assess your situation. 

  1. Do you already have inauthentic claims against you that you couldn’t disprove?
  2. Are you engaging in other violations like listing DVDs in the “Everything Else” category, selling poor quality product, etc?
  3. Do you sell collectibles, DVDs or CDs? They are at higher risk for claims.
  4. Are you buying from sources with poor receipts or invoices?

Determine your risk comfort level and act.

  1. If you don’t have any claims against you now, take a wait and see approach. Going forward, buy from authentic sources. (see my blog post on the Gray Market for more on “what is authentic?”)
  2. If you have product quality, inauthentic and counterfeit claims on your account already, get rid of the high risk items in your inventory and sell them somewhere else or destroy them. Going forward, only list on Amazon products that you would believe to be authentic yourself, as this is really a customer experience/perception issue more than reality.
  3. If you’ve already been suspended for inauthentic claims in the past, time to clear out your inventory. You can’t afford another claim.

New Automate Repricing Tool by Amazon?

In case you missed it, Amazon soft launched in beta its new repricing tool…maybe. I have predicted for some time that Amazon’s insistence that we enter our high-low range for our inventory was the precursor to a repricing tool. Check out these two videos: Amazon beta launch; analysis from Stephen Smotherman and this article from eCommerce Bytes to learn more.

My friends at Feedvisor pointed out to me that this is a rules-based program rather than algorithm based which means it is focused on getting you the lowest price rather than the Buy Box per se. This is the problem with most repricing tools. It isn’t their fault, but generally that’s how it works. They race you to the bottom even if you decide not to go below the lowest price.

Right now you have to be invited to beta test the program. My prediction is that when they launch it officially, many sellers who are currently using rules-based programs will switch. Amazon’s is MUCH simpler and – as near as I can tell – will be free. It will be an awesome tool for smaller sellers and I’m excited to see Amazon offer it. For the high-volume and private label sellers, I think they are still going to want an algorithmicly based tool that allows them to compare their sales against their competition’s.

[Full disclosure: I am a Feedvisor customer. I’m biased…but it doesn’t mean I’m wrong.]

May Travels

Atlanta Olympic ParkI’m heading to Atlanta next week for SellerLab’s RESONATE conference. In addition to being one of the experts at the conference, I’m hosting a dinner on Wednesday night (May 18) after the conference ends. Space is limited to 15-17 people. If you are in the Atlanta/Buckhead area, please join us!

The following week both my business partner Lesley Hensell and myself will be in New York City for the Feedvisor Seller Summit. I’ve been allowed to offer a handful of free tickets to this by-invitation-only event to my clients whose volume meets or exceeds $1.5 M annually (100K+ per month). The Miami Beach conference earlier this year was outstanding in terms of content and no sales pitches.

Please sign up HERE for the May 24 Feedvisor conference in Manhattan’s Meat-Packing District. You will be contacted by Feedvisor if you meet the criteria. RSVP cut-off is early next week. I am so delighted to offer this opportunity to my high-volume clients.

brooklyn bridgeIn addition to meeting our clients at the conference, we will be having dinner with our local clients while we are in town. Please check your in-boxes on Friday for an invitation to this very special private party at the Reserve Cut in lower Manhattan. It’s Kosher and supposed to be one of the best steakhouses in New York City. I can’t wait! If you don’t see your invitation by Monday, contact my assistant Lissa at: Lissa@onlinesalesstepbystep.com.