Meghan Markle dragged into diversity battle over As Ever’s ties to company accused of ‘intentional discrimination’

The Duchess of Sussex has been a tireless champion of diversity and inclusion.

But she faces a battle to preserve the reputation of her As Ever product range after partnering with an online retail company that was accused of ‘intentional discrimination’ – against blind people.

Meghan’s pricey menagerie of jams, honey and edible flowers sold out within half an hour of going on sale in the US last week.

But the sweet success story was mired in controversy after the Daily Mail revealed she had outsourced the sales side of the venture to Snow Commerce, which has a slew of scathing customer reviews and a one-star rating with the Better Business Bureau.

Now we can disclose that the Ohio-based company has been the target of class action lawsuits claiming some of the shopping websites it operates for global brands such as  Paramount and the SpongeBob shop, are ‘inaccessible to visually impaired individuals’.

New Yorker Josue Paguada complained in a 2020 federal suit that he was ‘effectively barred’ from buying SpongeBob merchandise because the SpongeBob shop site failed to use industry-standard software.

‘Screen-reading software is currently the only method a blind or visually-impaired person may independently access the internet,’ wrote his lawyer, alleging a breach of the Americans with Disabilities Act.

‘Unless websites are designed to be read by screen-reading software, blind and visually-impaired persons are unable to fully access websites.’

Meghan Markle, 43, pursuit of diversity and inclusion in her newly launched brand As Ever has been challenged by her online retail partner as it’s been revealed they’ve been accused of discrimination against blind people

Meghan and friend Mindy Kaling on an episode of the Duchess’ show With Love, Meghan. Her brand and show have been heavily criticised due to multiple hiccups 

Meghan’s pricy menagerie of jams, honey and edible flowers sold out within half an hour of going live in the US on Wednesday 

Paguada withdrew his lawsuit a year later but Snow Commerce was sued again in September for its ‘failure to design, construct, maintain, and operate its interactive website to be fully accessible to and independently usable by … blind or visually-impaired persons.’

New York-based plaintiff Edery Herrera said he suffered increased ‘isolation and stigma’ because he was denied access to shows, movies and merchandise from the Paramount website and app.

Both Paguada and Herrera have been accused of being ‘serial plaintiffs’ who filed several suits against companies alleging lack of internet access.

However Barclay Damon, a law company that fights such plaintiffs, recommends that companies ‘take steps to ensure online systems are accessible to users with disabilities and otherwise comply with federal, state, and local disability laws’.

Snow Commerce denied breaking discrimination laws but settled the case by agreeing to modify its websites within 24 months to make them easier for blind people to use. The company did not respond to DailyMail.com’s request for comment.

Snow Commerce was launched in Cincinnati in 2010 to provide ‘internet services, internet retailing & product licensing’ and was acquired by Latvian outfit, Printful, in 2023.

In the past five years the business has been chased through the Ohio courts on multiple occasions for unpaid commercial activity tax, totaling nearly $33,000.

As recently as March 11 it was hit with a fresh tax lien for $1,618, court records reveal.

As Ever customers – paying $28 for honey, $14 for fruit spread and $12 for herbal tea – are warned in small print on its website that Snow Commerce is ‘solely responsible for all aspects of your purchase’.

It has a paltry one-star customer review rating on the Better Business Bureau (BBB) – a non-profit set up in 1912 to build a ‘culture of honesty and fairness in business transactions’.

Snow Commerce, who Markle allocated the sales side of the venture, was sued by Josue Paguada, who claimed he was ‘effectively barred’ from buying SpongeBob merchandise because the website didn’t cater to partially-sighted customers

Another lawsuit for the same issue was filed against the company by Edery Herrera because he suffered increased ‘isolation and stigma’ because he was denied access products from Paramount website and app – another brand that operates through the company

One unhappy customer alleged last month that nobody at Snow Commerce ‘cares at all how it makes you feel when you spend $150, your item never gets shipped and nobody tells you why. Never has a business treated me like that’.

Another told the BBB: ‘Stay away from this company at all costs!’

A third critic lamented: ‘Horrible business, items shown on website do not represent what will be received.’

Facebook reviews are similarly sour, with one customer writing: ‘As all other reviews say – paid my money, been waiting months and months, can barely get a real response. So awful.’

Another fumed: ‘A truly awful company with atrocious customer service. They do not return customer service calls at all.’

Meghan, 43, declared her rustic lifestyle line open for business Tuesday when she gushed on social media: ‘We’re live!

‘Come shop the As Ever collection I’ve poured so much love into. So excited to share this with you.’

The Duchess had previously described As Ever as a ‘love language’ rather than a brand in a recent note to her followers.

The company has a litany of one-star reviews on the Better Business Bureau (BBB)

One customer lamented that the company was a ‘horrible business’ after they had ordered a  sweatshirt and received one that wasn’t the same color, then were met with ‘non-existent’ customer service

The Duchess had previously described As Ever as a ‘love language’ rather than a brand in a recent note to her followers

‘If you’ve been receiving these newsletters, you’ve been reading my musings about this brand and why it means so much to me – why it’s personal, why it brings me joy, and how I hope that it becomes both personal and joyful for you too.

‘You’re now familiar with the line-up of products, and as of today you can order them for yourself to experience at home. I can’t wait to hear what you think!

‘Welcome to As Ever… this is just the beginning!’

The former Suits actress had originally intended to sell her wares under the brand name American Riviera Orchard, a nod to the wealthy Santa Barbara enclave where she lives with Prince Harry and their children Archie and Lilibet.

She was forced into an embarrassing U-turn, however, when US officials told her that geographical locations could not be patented or subject to trademarks.

As Ever was already the name of a New York-based clothing company, whose owner Mark Kolski came forward to say: ‘We are aware. We are not affiliated.’

Even the coat of arms logo featuring a palm tree and two birds became engulfed in controversy after the mayor of Porreres, a small town on the Spanish island of Mallorca, said it was a brazen copy of their historic crest.

Reps for the Duchess and Netflix, her partner in As Ever, have been asked for comment.