Current status: Lawsuit pendingNo settlementNo official refund programNo claim formNo court ruling on liabilityLast verified: September 2, 2026 at 5:53 p.m. PTUpdated Sep 2
Advertising products

Sponsored Products and the Amazon Ad Auction Lawsuit

Sponsored Products receives the most detailed statistical treatment in the government’s complaint. The reported full-bid rates are allegations derived from Amazon data, not adjudicated findings.

Last reviewed: September 2, 2026

Why Sponsored Products is central

Sponsored Products is a cost-per-click advertising product used to promote individual product listings. Amazon’s current materials say eligible users include professional sellers, vendors, book vendors, Kindle Direct Publishing authors, and agencies. Current eligibility should not be used to infer that every historical campaign was affected. Amazon Ads

The complaint alleges reserves were introduced for Sponsored Products around mid-2019 and then expanded in sophistication and reach. Plaintiffs say the mechanism could replace a lower GSP-derived CPC with a higher Amazon-selected price, without exceeding the advertiser’s bid. U.S. District Court filing via FTC

Government’s alleged full-bid incidence

The government describes auctions in which the winning advertiser paid its own maximum bid as “first-price” outcomes. Its clean annual figures are:

YearGovernment allegationStatus
2021Approximately 30%–40%Alleged from Amazon internal data
2022Approximately 70%Alleged from Amazon internal data
202479.1%Complaint figure; FTC release rounds to about 80%

Do not interpolate a 2023 annual rate. The public record reviewed describes experiments and interim measurements but does not provide one clean 2023 annual average suitable for publication.

High-volume events and CPC changes

The complaint alleges more aggressive treatments during high-volume periods including Prime Day and Black Friday. For Prime Day 2023, it describes an internal “Prime Day RoAS Maintenance” project and a proposed change after Day One CPC growth was reportedly lower than expected. Several treatment levels, surcharge ceilings, and projected revenue figures are redacted.

Plaintiffs also cite advertiser and agency reports of CPC spikes during the 2021 holiday period and internal discussions about making changes less detectable. These are allegations based on internal material quoted in the complaint. Amazon disputes the government’s interpretation and says isolated communications do not establish a deceptive program.

Sponsored Brands and Display Ads are also named

The challenged ecosystem is not limited to Sponsored Products. The complaint alleges Sponsored Brands implemented a soft-floor reserve pricing mechanism in 2019, and the FTC announcement also identifies Display Ads. The record should not be stretched to cover every Amazon DSP or open-internet display auction. Federal Trade Commission

Amazon’s response on Sponsored Products

Amazon says relevance, rather than raw bid amount alone, plays a central role; a bid is the advertiser’s maximum CPC; and reserves are normal. It also says inflation-adjusted Sponsored Products search CPC was approximately flat from 2019 through 2024, average winning bids fell about 50% from 2019 through 2025, and conversion rates improved approximately 24% from 2021 through 2025. Amazon’s figures are part of its defense, not court findings. Amazon

What has not been established

No court has ruled that the challenged Sponsored Products pricing was deceptive or unfair, that any particular campaign paid an unlawful overcharge, or that the government’s aggregate estimate is correct. There is no product-specific refund process or eligibility period.

See the illustrated soft-reserve explainer →

Open record

What we still don’t know

Redactions, missing data, and future court decisions limit what can responsibly be said today.

  • Exact ordinary-day soft-reserve uplift limits in redacted passages
  • Exact Prime Day and Black Friday surcharge ceilings
  • Several internal revenue projections and experiment treatment levels
  • The exact ROAS values and underlying redacted chart data
  • Complete underlying auction-level data and counterfactual methodology
  • Precise product-specific restitution periods, if any
  • Whether any recovery process will exist and who would be eligible
  • A complete authenticated history of Amazon Advertising Agreement arbitration terms