fair.png
Wednesday August 10th, 2022 9:26AM

Court: Amazon customers can sue over lack of toxic warnings

By The Associated Press
Related Articles
  Contact Editor

SAN FRANCISCO (AP) — The California Supreme Court on Wednesday left intact a ruling that allows customers to sue Amazon.com for failing to warn buyers that some products it sells may contain hazardous substances such as mercury.

The court denied a request by Amazon's lawyers to review a lower court ruling that said Amazon violated the state's Proposition 65, which requires companies to warn consumers about products they make or sell that contain chemicals known to cause cancer, reproductive harm or birth defects.

The case involved a lawsuit filed in Alameda County that said the online retail giant knowingly allowed skin-lightening creams to be sold on its website for years despite being aware of concerns about toxic mercury levels in such creams.

Mercury can harm pregnant women and their fetuses. The suit alleged that some of the products produced by third parties but sold on Amazon contained mercury levels that were thousands of times the U.S. federal legal limit.

Amazon didn’t immediately comment on the Supreme Court’s action, which allows the previous court ruling to be used as precedent in state courts.

However, California has such a large market share that any actions Amazon takes to comply with Proposition 65 could have a much wider impact on consumers, said Rachel Doughty, a plaintiff's attorney in the suit.

“That could look like removal of products containing carcinogens or reproductive toxins from Amazon’s site, or Amazon taking measures to ensure that a warning is provided ... so consumers can take steps to avoid exposure to such chemicals,” Doughty said in an email.

The lawsuit was dismissed in 2019 by a judge who found Amazon was protected by a section of the federal Communications Decency Act that shields websites from liability for content posted by other parties.

In March, however, a state appeals court said Amazon doesn't merely act as a place for retailers to list their available merchandise but actively stores, sells and ships them.

A drugstore that sold the same creams would be required to issue Proposition 65 warnings, the ruling said.

  • Associated Categories: Associated Press (AP), AP Business
© Copyright 2022 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Court: Amazon customers can sue over lack of toxic warnings
California's Supreme Court is allowing customers to sue Amazon
8:46PM ( 7 minutes ago )
Residents improvise as Texas city rushes to turn water on
Residents of the West Texas city of Odessa have been improvising emergency water supplies after a water system outage left them high and dry for days amid scorching heat, even as utility crews scrambled to restore normal service
8:25PM ( 28 minutes ago )
Mets, minor leaguers plan meeting to discuss pay, conditions
Leaders from the New York Mets recently held what’s believed to be an unprecedented meeting with the nonprofit group Advocates for Minor Leaguers to discuss pay and working conditions in the minors, and another meeting is planned soon that will include players from the team’s farm system
8:19PM ( 35 minutes ago )
Associated Press (AP)
Bettman says NHL projected to set revenue record this season
NHL Commissioner Gary Bettman says the league is projecting record revenue this season
7:23PM ( 1 hour ago )
Mo'Nique, Netflix reportedly settle her suit alleging bias
Mo'Nique and Netflix reportedly have settled her lawsuit that accused the streaming service of racial and sexual discrimination
7:11PM ( 1 hour ago )
Biden seeks to counter 'legislative attacks' on LGBTQ rights
President Joe Biden signed an executive order to stymie what the White House says are discriminatory legislative attacks on the LGBTQ community by Republican-controlled states
6:53PM ( 2 hours ago )
AP Business
Residents improvise as Texas city rushes to turn water on
Residents of the West Texas city of Odessa have been improvising emergency water supplies after a water system outage left them high and dry for days amid scorching heat, even as utility crews scrambled to restore normal service
8:25PM ( 28 minutes ago )
Mets, minor leaguers plan meeting to discuss pay, conditions
Leaders from the New York Mets recently held what’s believed to be an unprecedented meeting with the nonprofit group Advocates for Minor Leaguers to discuss pay and working conditions in the minors, and another meeting is planned soon that will include players from the team’s farm system
8:19PM ( 35 minutes ago )
Nipsey Hussle's last moments detailed as murder trial opens
A Los Angeles prosecutor says the killing of Nipsey Hussle was premeditated by a man charged with fatally shooting the Grammy Award-winning rapper outside his clothing store three years ago
8:17PM ( 36 minutes ago )
US, Germany sending weapons to Ukraine as Russia advances
The governor of a key eastern Ukrainian city is acknowledging that Russian forces are advancing in heavy fighting
8:14PM ( 39 minutes ago )
UN: Sahel violence could drive more refugees toward Europe
The head of the U.N. refugee agency says Europe should be more much worried than it is that larger numbers of people from Africa’s Sahel region could seek to move north
8:13PM ( 40 minutes ago )