Amazon has come to a resolution in a legal conflict spanning over a decade, committing to restrict the sale of skin-lightening products with hazardous mercury levels on its online platform. This action concludes a lengthy lawsuit initiated by the shareholder advocacy group As You Sow, focusing on consumer protection.
Under the agreement announced Friday, the retail giant will not only cease sales of these harmful products but also pay $6 million in civil penalties and legal fees. Part of this settlement involves implementing strict monitoring tools to prevent both brands and third-party sellers from listing FDA-prohibited creams, specifically those with mercury content exceeding 0.0065%.
Although the settlement does not include an admission of wrongdoing by Amazon, it addresses allegations from an original lawsuit which pointed out the sale of 27 different skin products with dangerously high mercury levels. At times, these levels were thousands of times over the legal limit, posing significant health risks. Mercury, a known neurotoxin, can cause severe damage to kidneys, brain, and the central nervous system and can lead to prenatal defects.
The prosecution, strengthened by the involvement of the California attorney general’s office, argued under the state’s Proposition 65 and its Unfair Competition Law. From the total settlement, the attorney general’s office will receive $600,000.
Throughout the legal proceedings, the plaintiffs highlighted that many of the questionable skin products came from Mexico and Pakistan, with some marketed as both skin lighteners and acne treatments. According to the plaintiffs, mercury is the only substance known to achieve both, which should have served as a clear indicator of the products’ danger.
Over the decade-long period since the initial lawsuit, notable improvements have been seen on Amazon’s platform concerning product safety, as observed by plaintiff attorney Rachel S. Doughty. “It is now considerably more challenging to locate well-known skin-whitening products containing mercury on their site,” Doughty remarked.
Looking ahead, the legal resolution is anticipated to encourage Amazon to maintain vigilance against other potentially hazardous products containing toxic substances such as lead or cadmium.
The company has been made aware of which brands have previously violated FDA standards and California health codes, and with their internal capabilities, they can identify new threats to consumer safety.
This settlement highlights ongoing efforts to clean up online marketplaces and shield consumers from toxic health and beauty products. It serves as a case study in the responsibilities e-commerce platforms bear in regulating the safety of the goods they offer.
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