California Attorney General Rob Bonta announced a settlement with Amazon.com, Inc. resolving allegations under Proposition 65 and the Unfair Competition Law related to the online sale of skin-lightening creams with dangerously high mercury levels. Under the settlement, Amazon will pay nearly $600,000 in civil penalties, attorneys’ fees, and costs, and will implement measures to prevent such products from being sold through its platform to California residents. The settlement also addresses claims from two private enforcers, Larry Lee and As You Sow, who discovered and litigated the sale of these harmful products before the Attorney General’s investigation.
“At the California Department of Justice, we are unwavering in our commitment to upholding laws that protect the safety and well-being of Californians,” said Attorney General Bonta. “Today’s settlement reflects that commitment, and we will continue to hold accountable those who violate our state environmental and consumer laws.”
Mercury is a potent neurotoxin that can cause severe health problems, including brain damage, memory loss, and even death. For pregnant women and young children, exposure can be particularly harmful, as it can disrupt fetal development and cause lifelong neurological impairments. Mercury can be absorbed through the skin, and the transfer of the substance from a consumer’s hand to surfaces in the home can put others at risk, especially children.
The investigation into Amazon began after private enforcers, including environmental nonprofit As You Sow, discovered that third-party sellers were offering face creams containing harmful levels of mercury on Amazon’s platform. Some of the creams tested were found to contain mercury levels ranging from 121 to 16,000 parts per million—far exceeding the U.S. Food and Drug Administration’s limit of 1 part per million for mercury in cosmetics. Under California’s Proposition 65, products containing such high levels of mercury must carry a warning, which Amazon failed to provide, violating both Proposition 65 and the Unfair Competition Law.
In response to the Attorney General’s investigation, Amazon agreed to cease facilitating the sale of mercury-laden face creams in California. The company also committed to implementing a “suppression rule” that will prevent these dangerous products from being sold through its marketplace.
Under the terms of the proposed settlement, Amazon will pay $218,560 in civil penalties to the Attorney General’s office. Additionally, the company will reimburse $278,942 for the Attorney General’s attorneys’ fees and costs, as well as $65,000 to cover future monitoring expenses. The settlement also resolves the claims brought by the private enforcers.
As part of the injunctive relief in the settlement, Amazon will be required to maintain and continually update its suppression rule to ensure the continued removal of unsafe products. The company must also hire an independent product consultant with expertise in skin-lightening products and establish a list of approved brands that do not contain mercury.
This settlement serves as a reminder of the risks posed by unregulated and potentially hazardous products sold online and underscores the importance of holding platforms like Amazon accountable for the safety of the products they facilitate.
