Nicosia v. Amazon.com, Inc.
Plaintiff Dean Nicosia filed a class action against Amazon.com, Inc., alleging Amazon sold weight loss supplements ("1 Day Diet") containing sibutramine, a controlled substance, in violation of consumer protection laws and breach of warranties. Amazon moved to dismiss, arguing all claims were subject to a mandatory arbitration clause and class action waiver in its "Conditions of Use." Nicosia also sought a preliminary injunction to halt sales and mandate special packaging and consumer notices. The Court granted Amazon's motion to dismiss, finding Nicosia assented to the arbitration clause. The Court denied Nicosia's motion for a preliminary injunction due to lack of standing, as Amazon had already removed the product, and Nicosia failed to demonstrate a likelihood of future injury or success on the merits under the Consumer Product Safety Act.