60 Day Notice 2023-01553

Withdraw Notice Add a Complaint Add a Settlement Add a Judgment

AG Number: 
2023-01553
Notice PDF: 
PDF icon 2023-01553.pdf
Date Filed: 
06/02/2023
Noticing Party: 
AS YOU SOW
Plaintiff Attorney: 
GREENFIRE LAW, PC
RACHEL S. DOUGHTY
JENNIFER RAE LOVKO
Alleged Violators: 
AMAZON.COM, INC.
Chemicals: 
Mercury and mercury compounds
Source: 
SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
GOREE BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
FACE FRESH BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
NUNN CARE BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
CHANDNI BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
POLLA BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
CREMA LA MILAGROSA BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
PIEL ETERNAMENTE JOVEN BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS
NATURAL FACE BRAND SKIN-LIGHTENING, WHITENING AND "SMOOTHING" CREAMS CONTAINING MERCURY OR MERCURY COMPOUNDS

60-Day Notice Document

Civil Complaint
AG Number:
2023-01553
Complaint PDF: 
PDF icon 2023-01553C9480.pdf
Date Filed:
01/31/2024
Case Name: 
As You Sow v. Amazon.com, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
24CV062074
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Rachel Doughty
Jessica Blome
Jonathan Weissglass
Defendant: 
Amazon.com, Inc.
Type of Claim: 
Failure to Warn
Relief Sought: 
Warning
Civil Penalty
Contact Name: 
Rachel Doughty
Contact Organization: 
Greenfire Law, PC
Email Address:
rdoughty@greenfirelaw.com
Address: 
2748 Adeline St., Ste. A
City, State, Zip:
Berkeley, CA 94703
Phone Number:
510-900-9502
Fax Number:
510-900-9502
Settlement
AG Number:
2023-01553
Settlement PDF: 
PDF icon 2023-01553S4944.pdf
Settlement Date:
01/16/2025
Case Name: 
As You Sow v. Amazon.com, Inc.
Court Name: 
Alameda County Superior Court
Court Docket Number: 
24CV062074
Plaintiff: 
As You Sow
Plaintiff Attorney: 
Rachel Doughty
Jessica Blome
Jonathan Weissglass
Defendant: 
Amazon.com, Inc.
Injunctive Relief: 
Prevention: Amazon must prevent sales of skin whitening, brightening, and lightening products in California (online and at physical locations) that contain mercury above what the FDA allows (1ppm generally, 65 ppm for preparations used near eyes) (“Prohibited Covered Product”). Amazon will use a Product Consultant to assist in this task. Sellers wanting to offer skin lightening products not on an Amazon pre-approved brands list will have to demonstrate safety of the product, California Attorney General will oversee the rigor of that demonstration. If in the future Prohibited Covered Products show up on Amazon.com: • Amazon will notify California consumers who already purchased the product that the product contains mercury and is a reproductive toxin, tell them how to properly dispose of the product, and refund them for the purchase. • Amazon will pay a penalty for each unit sold into California--$150/unit where it knew about the mercury content ahead of time and $35/unit where it did not. • Amazon will be considered to know about the mercury content of products on a prohibited list, if the EU through RAPEX, Cal. Dept. of Public Health or the US FDA has issued a public health alert; if test results have been provided by the private enforcers, California Attorney General, Black Women for Wellness, Mercury Policy Project, or any agency, department or entity of the US or any state government; if the product has a Proposition 65 warning for mercury; or if mercury is listed as an ingredient on Amazon.com.
*Non-Contingent Civil Penalty:
$ 752,360.00
Attorney(s) Fees and Costs:
$ 4,778,942.00
Payment in Lieu of Penalty:
$ 656,200.00  (For Future Monitoring and Public Education: $65,000 to the Attorney General for future monitoring costs $150,000 to As You Sow for future monitoring costs $150,000 to Black Women for Wellness for public education $150,000 to Mercury Policy Project for public education For Resolution of Claims for Civil Penalties Under Sherman Food, Drug and Cosmetic Law: $141,200 to the Attorney General )
Total Payments:
$ 6,187,502.00
Will settlement be submitted to court?
Yes
Contact Name: 
Rachel Doughty
Contact Organization: 
Greenfire Law, PC
Email Address:
rdoughty@greenfirelaw.com
Address: 
2748 Adeline St., Ste. A
City, State, Zip:
Berkeley, CA 94703
Phone Number:
510-900-9502
Fax Number:
510-900-9502

* A non-contingent civil penalty is the civil penalty that must be paid pursuant to the settlement, regardless of future events or actions of the defendant. If a settlement includes a contingent penalty, the plaintiff should report the additional penalty amount when it becomes due.