Amzn

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 12 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS MCCARTHY; et al., No. 23-35584

Plaintiffs-Appellants, D.C. No. 2:23-cv-00263-JLR

v.

MEMORANDUM*

AMAZON.COM, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington James L. Robart, District Judge, Presiding

Argued and Submitted December 4, 2024 Submission Withdrawn December 5, 2024 Resubmitted February 19, 2026 Seattle, Washington

Before: W. FLETCHER, BERZON, and R. NELSON, Circuit Judges.

Plaintiffs, the McCarthy and Jónsson families, are successors-in-interest to

their deceased children, Ethan McCarthy and Kristine Jónsson. Ethan and Kristine

died by suicide after ingesting sodium nitrite they purchased from Amazon.com.

Plaintiffs sued defendant Amazon, asserting claims of (1) product liability under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. the Washington Product Liability Act (“WPLA”), RCW 7.72.010, et…