Attorney General Bonta Announces Nearly $600K Settlement with Amazon Resolving Proposition 65 and UCL Claims Relating to Sales on its Website of Skin-Lightening Face Creams Containing Mercury

OAKLAND – California Attorney General Rob Bonta today announced a settlement with Amazon.com, Inc. (Amazon) resolving allegations under Proposition 65 and the Unfair Competition Law arising from Amazon’s facilitation of sales into California of skin-lightening creams with high mercury levels. As part of the settlement, which is subject to court approval, Amazon will pay nearly $600,000 in civil penalties, attorneys’ fees, and costs to the Attorney General, and will agree to injunctive provisions aimed at preventing creams with high mercury levels from being sold through Amazon’s website into California. The Attorney General’s settlement will also resolve the claims of two Proposition 65 private enforcers, Larry Lee and As You Sow, the latter an environmental non-profit organization, which prior to Attorney General Bonta’s investigation had discovered that Amazon had facilitated the sale of mercury-containing face creams in California, and had litigated against the company. 

“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 powerful neurotoxin that impairs the nervous system, and prenatal exposure can impede normal development in fetuses and young children. Exposure to mercury can lead to irritability, muscle incoordination, memory loss, brain damage, and even death. Mercury is capable of being absorbed through skin, and the transfer of mercury from a consumer’s hand to a common surface area can also create an exposure source for children and other household members.

The Attorney General investigated Amazon for facilitating third-party sales of skin-lightening face creams that contain mercury following lawsuits by the private enforcers. The California Department of Justice’s (DOJ) investigation identified several face creams that contained very high mercury levels—ranging from 121 to 16,000 parts per million, well in excess of the U.S. Food and Drug Administration’s maximum limit of 1 part per million—and that required a warning about those mercury levels under Proposition 65. Amazon had failed to provide such warnings for creams sold through its site, thereby violating both Proposition 65 and the Unfair Competition Law. 

Following his investigation, the Attorney General asked Amazon to cease and desist from facilitating the sale of face creams identified as containing excessive mercury. Amazon, which does not manufacture these products, agreed to implement a sale-prevention protocol, or “suppression rule,” to prevent face creams with dangerous levels of mercury from being available for sale on its website.

Under the proposed consent judgment, Amazon will pay $218,560 in civil penalties to the Attorney General’s Office pursuant to Proposition 65 and the Unfair Competition Law, $278,942 to reimburse a portion of the Attorney General’s Office’s attorneys’ fees and costs, and $65,000 for future monitoring costs. Amazon will pay additional penalties and fees to resolve the claims of the private enforcers. The settlement also contains injunctive provisions, including that Amazon must do the following: continue to implement the suppression rule, and continuously adjust it to ensure that it remains effective; retain an independent product consultant who has significant experience with these skin-lightening products; and create a list of pre-approved brands that do not include mercury in their products. 

A copy of the complaint and proposed consent judgment, which remain subject to court approval, can be found here and here.