FOR IMMEDIATE RELEASE

Settlement Follows an Appellate court ruling that Amazon, the world’s largest online store, is not shielded from compliance with consumer protection laws

MEDIA CONTACT: Ryon Harms, ryon@asyousow.org, 310.579.2188

BERKELEY, CALIFORNIA—January 30, 2025—Today, Plaintiffs Larry Lee and As You Sow reached a settlement with Amazon concluding a nearly decade-long lawsuit addressing the sale on Amazon.com of brightening and lightening skin creams containing mercury. This settlement prohibits Amazon from selling skin lightening creams that contain mercury in excess of FDA limits. The plaintiffs partnered with California’s Attorney General, which filed its own lawsuit under Proposition 65 and California’s Unfair Competition Law.

The settlement follows Plaintiff Larry Lee and As You Sow’s successful lawsuit against Amazon in which a California Appellate court held that Amazon is not shielded from compliance with California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65) for products sold into California through its website.

“This case and settlement help level the playing field between Amazon.com and California brick-and-mortar businesses, which have never asserted a right to avoid compliance with consumer protection laws,” said Danielle Fugere, President and General Counsel of As You Sow. “It is unreasonable for Amazon to reap the enormous rewards of opening its online market to tens of thousands of global purveyors, while claiming that it can avoid all responsibility for preventing consumer harm from the products it offers. We are pleased with this settlement which ensures that consumers won’t be exposed to mercury in skin lightening and brightening creams they buy on Amazon.com.”

Testing of skin lightening creams purchased through Amazon.com found levels of mercury at levels sometimes tens of thousands of times the legal limit set by the U.S. Food and Drug Administration (FDA). Mercury is a central nervous system, reproductive, and renal toxin. The state of California lists mercury as a reproductive toxicant under Proposition 65.

 "The goal of California’s Proposition 65 Toxic Enforcement Act is to ensure that consumers receive information about toxins in a product before they buy them, allowing them to make informed decisions for themselves and their families. These skin lightening products are so toxic that they can’t be legally sold even with a label, so Amazon.com agreed to block their sale entirely" said Andrew Behar, CEO of Plaintiff As You Sow.

 “After a decade of hiding behind liability exemption claims, Amazon has finally agreed to protect consumers from mercury, a dangerous neurotoxin,” said Michael T. Bender, Director of the Mercury Policy Project and coordinator of the Zero Mercury Working Group (www.zeromercury.org). “As recently announced, requiring sellers of skin lighteners to test for mercury will go a long way toward preventing Amazon from poisoning people for profit.”

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Greenfire Law, PC, and the Law Office of Jonathan Weissglass, which handled the appeal, were recognized by the Daily Journal with the Clay Award for Consumer Law as well as the Top Verdict for 2023 for establishing through the Lee case that Amazon is not shielded from this sort of liability by the Communications Decency Act.

As You Sow is a nonprofit organization that promotes environmental and social corporate responsibility through shareholder advocacy, coalition building, and innovative legal strategies.