California Attorney General Rob Bonta has announced a settlement with Amazon.com, Inc. concerning allegations under Proposition 65 and the Unfair Competition Law. The case involved Amazon's facilitation of sales of skin-lightening creams containing high levels of mercury into California. The settlement requires Amazon to pay nearly $600,000 in civil penalties, attorneys’ fees, and costs to the Attorney General's office. It also includes injunctive provisions to prevent the sale of such creams through Amazon’s website in California.
The claims were initially brought by two private enforcers: Larry Lee and As You Sow, an environmental non-profit organization. These parties had previously discovered that Amazon was facilitating 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 recognized as a neurotoxin capable of impairing the nervous system. Prenatal exposure can affect fetal development adversely, while general exposure can lead to various health issues including irritability, muscle coordination problems, memory loss, brain damage, or even death.
The investigation by the California Department of Justice identified several face creams with 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—and required warnings under Proposition 65. Amazon failed to provide these warnings for products sold on its platform.
Attorney General Bonta requested that Amazon stop facilitating sales of these harmful products. Although not a manufacturer itself, Amazon agreed to implement a "suppression rule" designed to prevent sales of dangerous mercury-laden creams on its site.
Under the proposed consent judgment awaiting court approval, Amazon will pay $218,560 in civil penalties related to Proposition 65 and Unfair Competition Law violations; $278,942 for attorney fees and costs; plus $65,000 for future monitoring expenses. Additional payments will resolve claims from private enforcers involved in earlier litigation.
The agreement also mandates that Amazon continues using its suppression rule effectively by adjusting it as needed; hires an independent consultant experienced with skin-lightening products; and creates a list identifying brands without mercury content.