California Supreme Court docket: Amazon shoppers can sue in excess of lack of harmful warnings

SAN FRANCISCO  — The California Supreme Courtroom has remaining intact a ruling that permits prospects to sue Amazon.com for failing to alert potential buyers that some goods it sells may well contain harmful substances this kind of as mercury.

The court docket in its choice Wednesday denied a request by Amazon’s attorneys to review a reduced court ruling that mentioned Amazon violated the state’s Proposition 65, which calls for firms to warn consumers about products and solutions they make or promote that comprise chemical substances acknowledged to cause cancer, reproductive damage or birth flaws.

The circumstance concerned a lawsuit filed in Alameda County that explained the on the web retail large knowingly allowed pores and skin-lightening lotions to be marketed on its web page for a long time regardless of getting informed of fears about harmful mercury stages in these types of creams.

Mercury can damage pregnant gals and their fetuses. The fit alleged that some of the products manufactured by third parties but sold on Amazon contained mercury ranges that were being thousands of moments the U.S. federal legal limit.

Amazon stated in a assertion Thursday that safety is a top rated priority and that the goods in problem have long because been taken out.

“We involve that all goods comply with relevant guidelines and restrictions, and we have proactive actions in location to reduce suspicious or non-compliant products from getting shown and we keep an eye on the goods marketed in our stores for merchandise safety problems,” the statement mentioned.

The Supreme Court’s motion lets the past court docket ruling to be applied as precedent in state courts.

However, California has this kind of a massive sector share that any actions Amazon will take to comply with Proposition 65 could have a a lot broader affect on consumers, claimed Rachel Doughty, a plaintiff’s legal professional in the accommodate.

“That could glimpse like elimination of goods that contains carcinogens or reproductive contaminants from Amazon’s internet site, or Amazon using steps to make certain that a warning is delivered … so shoppers can choose actions to avoid exposure to these kinds of chemicals,” Doughty reported in an electronic mail.

The lawsuit was dismissed in 2019 by a choose who observed Amazon was secured by a segment of the federal Communications Decency Act that shields web-sites from legal responsibility for articles posted by other events.

In March, having said that, a condition appeals court docket mentioned Amazon doesn’t merely act as a position for stores to list their readily available items but actively suppliers, sells and ships them.

A drugstore that marketed the identical lotions would be essential to situation Proposition 65 warnings, the ruling said.