What I don't understand is why would Nintendo/Amazon care if people sold things Nintendo were no longer manufacturing? It doesn't seem logical to prevent counterfeiting by preventing all items from being sold on the platform. I'm talking about out of print products only. So much for the "everything store"...
It takes effort to segregate products like that, and Amazon doesn't want to put in that effort. For most brands the approval decision is across the entire brand, not individual items. On a handful of items they do have item specific approvals but those are more expensive for Amazon to enforce.
How hard is it to request a list from Nintendo on what products they are currently manufacturing? They can create a policy were they only gate products those companies are currently selling. We are talking about millions of dollars for this brand only. If this continues to happen across the platform it can amount to billions of dollars of lost sales. Also Amazon would much rather take a cut from a third party seller (regardless if that seller makes money or not) versus sell it themselves.