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The case concerned a lawsuit filed in Alameda County that mentioned the net retail big knowingly allowed skin-lightening lotions to be offered on its web site for years regardless of being conscious of issues about poisonous mercury ranges in such lotions.
Mercury can hurt pregnant ladies and their fetuses. The swimsuit alleged that a number of the merchandise produced by third events however offered on Amazon contained mercury ranges that had been 1000’s of occasions the US federal authorized restrict.
Amazon did not instantly touch upon the Supreme Courtroom’s motion, which permits the earlier court docket ruling for use as precedent in state courts.
Nonetheless, California has such a big market share that any actions Amazon takes to adjust to Proposition 65 might have a a lot wider affect on shoppers, mentioned Rachel Doughty, a plaintiff’s legal professional within the swimsuit.
“That might appear like elimination of merchandise containing carcinogens or reproductive toxins from Amazon’s website, or Amazon taking measures to make sure that a warning is offered … so shoppers can take steps to keep away from publicity to such chemical substances,” Doughty mentioned in an electronic mail.
The lawsuit was dismissed in 2019 by a choose who discovered Amazon was protected by a piece of the federal Communications Decency Act that shields web sites from legal responsibility for content material posted by different events.
In March, nonetheless, a state appeals court docket mentioned Amazon would not merely act as a spot for retailers to listing their out there merchandise however actively shops, sells and ships them.
A drugstore that offered the identical lotions could be required to problem Proposition 65 warnings, the ruling mentioned.
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