class-action lawsuit - Truth In Advertising

Transcription

Case 1:14-cv-04513-SLT-MDG Document
1
Filed 07/28/14
CV
o
1 of 73
Page
1
PagelD
4513
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
DEAN NICOSIA, on behalf of himself and all
others similarly situated,
Case No.
Plaintiff,.
kr
.i,
against
1,
s,
AMAZON.COM, INC.
z,
Defendant.
CLASS ACTION COMPLAINT
Plaintiff Dean Nicosia
1.
behalf of himself and all others
("Plaintiff'), by
similarly situated, alleges
belief, against Defendant Amazon.com,
Inc.
through
the
his counsel of record,
following,
on
upon information and
("Defendant" or "Amazon"), as follows:
NATURE OF THE ACTION
I.
Plaintiff brings this
2.
23(a), (b)(2)
below
Products
IV
containing
a
(b)(3)
on
who
consumer
purchased weight
controlled substance,
physician.
sibutramine
protection
behalf of himself and
containing sibutramine
licensed
with
and
(the "Class")
Schedule
a
and
have
On October
was
loss
sibutramine
never
been
a
class action pursuant to FED. R. Civ. P.
class of persons defined in
supplements
from Amazon
for sale without
containing
Loss
("Sibutramine Weight
permitted
Paragraph
a
64
the
Products").
prescription from
8, 2010, the lone FDA-approved weight loss product
withdrawn from the United States market because it
was
associated
serious risk of cardiovascular events and strokes.
3.
Nonetheless, Amazon has repeatedly sold weight loss supplements containing
sibutramine. It has done
with confidence
on
so
despite knowing
that "[c]ustomers trust that
Amazon.com." Amazon concedes
that,
they
"we know that
our
can
always buy
customers trust
that
they
are
buying safe
weight
qells
regularly
Amazon does
products,
and
loss
legal products
customers that
its customers of the
dangers
customers about sibutramine's serious health
for the
Amazon
loss
very
a
risks,
or
Yet, Amazon
When it is caught doing so,
immediately dispose of any
to
ingest
refund the
these
products,
purchase price
unused
inform its
customers
paid
adequate measures to prevent the
sale
155
seriously,
in truth, Amazon does not, instead
the
sale of
illegal
products containing
a
policies. Although
ignoring
its
obligations
so
it
Schedule IV controlled substance
sold in the United States that
weight loss products
at
same
time
and
"CPSA
and
period
least 47 of those
6.
23(a)
own
Since December 2008, the Food and Drug Administration ("FDA") has found
During that
and sold
its
violating
even
prescription.
5.
(the
continuing
products containing sibutramine,
profit from
without
P.
must
2
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represents that "we take product safety and these restrictions [on the sale of controlled
substances]
over
they
2 of 73
Amazon.com."
on
sihntramine_
Amazon failed and continues to fail to take
weight
may
of
they shop
Page
products Amazon is prohibited by law from selling.
4.
of
when
products containing
nothing to notify its
warn
Filed 07/28/14
Document 1
Case 1:14-cv-04513-SLT-MDG
same
In addition to the
23(b)(2)
Class")
age, who should be
on
recently
as
July,
2014
contain sibutramine.
Amazon has
illegally
marketed
weight loss products containing undisclosed sibutramine.
Class, Plaintiff also brings this action pursuant to
behalf of
who seek
as
secretly
only
a
FED. R. Civ.
separate class of persons, defined in Paragraph 63 below
an
injunction
and who reside with children under 5 years of
protected against sales by Defendant
of weight loss
products containing
the
undisclosed sibutramine.
7.
Plaintiff twice
unknowingly purchased weight
2
loss
supplements
from Amazon
Amazon, 1 Day
sibutramine.
Dipt
(nne Day Diet)
associated with
he
for the 1
paid
dispensed
did
so
Rest Slimming
Amazon did not tell him 1
dangers
Day
and distributed 1
without
a
product
Day
prescription
he
never
a
Amazon also
and
("1 Day Diet"), contained
never
him of the
or warn
refunded the
purchase prices
was
physician
prohibited from doing
and while not
being
a
so.
licensed and
sold and continues to sell
continually
It also
products
registered pharmacy.
Amazon
to consumers. Plaintiff is the member of the Class and CPSA Class.
By marketing, selling, dispensing
8.
Products to Plaintiff and the Class, and
paid by
Plaintiff and the Class to
omissions
were
Defendant.
impliedly
3
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should have been sold. Amazon marketed, sold,
licensed
regularly
60 Pills
Capsule
Diet to Plaintiff when it
from
3 of 73
Diet contained sibutramine
Day
ingesting sibutramine.
Diet
Page
2013, the FDA announced that the product sold to him by
In November
containing sibutramine.
Filed 07/28/14
Document 1
and
by retaining
the
distributing Sibutramine Weight
purchase prices
Amazon's acts and
Defendant,
and associated
practices,
Loss
charges
statements and
unfair, deceptive and misleading and resulted in the unjust enrichment of
Moreover, by selling weight loss
warrantied that those
products
any scheduled controlled substances
or
were
products containing sibutramine,
fit for their
ordinary
prescription drugs.
Those
Amazon
purpose and did not contain
implied warranties were false,
deceptive and misleading.
9.
Plaintiff alleges
Consumer Protection Act
on
behalf of himself and the Class claims under the
(and alternatively
the
consumer
protection
Washington
laws of other
states),
the
Washington implied warranty laws codified in the Washington Uniform Commercial Code (and
alternatively the implied warranty
laws codified in other
prohibiting unjust enrichment. Plaintiff also alleges
3
on
states)
and for
common
law
principles
behalf of himself and the CPSA Class
a
violations of the rules nnri
selling products
that contain sibutramine
violates the rules and
Amazon to
products
adequately
regulations
and
policies
purchasers
rnncurner Products
and
of the
disgorgement
that
they
and
and
sold
illegally
and
handling charges.
requiring
paid
Amazon for
for
and
in
reason
of its
Amazon from
a manner
products
handling;
weight
that
loss
to
selling
comply
with its
proof prior
Amazon to
Amazon to fulfill its
including associated charges such as taxes, shipping
purchase price(s) paid to
by
Safety Commission; requiring
to reimburse
obligation
products; (2) declaratory relief; (3)
in the amount Class members
the
products
Amazon to obtain reliable
requiring
Act
those to whom it has sold
warn
do not contain sibutramine;
procedures;
Safety
4
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Safety Commission.
such
of the Consumer Products
requiring
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(1) injunctive relief to prevent
including selling
meaningfully notify
that contain sibutramine;
stated
regillntinnq (If the
Plaintiff seeks, among other relief,
10.
Page
Defendant's violations of the Consumer Protection
remedy
claim to
Filed 07/28/14
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restitution and/or
that contain sibutramine,
and
(4) damages comprising
products that contain sibutramine, including shipping
JURISDICTION AND VENUE
11.
§1331
This Court has
and 15 U.S.C.
§2073
subject
matter jurisdiction over this matter
Safety
Act
by reason
Commission. This Court has
the Consumer Products
Safety
Plaintiff's state law and
common
of the rules and
4
is
a
over
of
the
§1367(a).
subject matter jurisdiction under
("CAFA") because this
regulations
supplemental jurisdiction
law claims pursuant to 28 U.S.C.
This Court also has
Class Action Fairness Act
to 28 U.S.C.
because this action arises under the laws of the United States and
seeks enforcement of the Consumer Product
12.
pursuant
28 U.S.C.
class action in which the
§1332(d)
and the
subject matter in
controversy exceeds the
sum
Filed 07/28/14
Document 1
or
value of
there
$5, 000,000.00,
members and members of the Class and CPSA Class
are
Page
in
are
5 of 73
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excess
of 100 class
5
citizens of a state different from that of
Defendant.
This Court has
13.
personal jurisdiction over
do business in New York, maintains offices and
maintains continuous and
systemic
New York and this District
specifically
related to the claims
so as
Court permissible under traditional notions of fair
HI.
alleged
District, does business in
in this
Complaint
and has
render the exercise of jurisdiction
by
this
play and substantial justice.
Venue is proper in this District under 28 U.S.C.
§1391
and 15 U.S.C.
§2073.
THE PARTIES
Plaintiff is
15.
class
to
District,
in New York and this
employees
contacts with New York and this
sufficient minimum contacts with New York
14.
Defendant. Defendant is authorized to
period(s) was
a
presently
a
resident of Wilmington, North
resident of Massapequa, New York. Plaintiff is
a
Carolina, and during the
retired
police
officer and
detective, formerly employed by the New York City Police Department and Hempstead Police
Department.
household.
Amazon
He is the married father of three children under five years of age who reside in his
In
using
of 1 Day Diet
handling
February 2013,
shipped
fees. Amazon
the 1
again
his credit card. Amazon
on
Day
charged
other Sibutramine
Diet
April 2013,
Plaintiff
charged Plaintiff's
the
product
he
cost
purchased
Loss Products sold
and
1
purchased
Day
Diet from
credit card $37.83 for the
the
product
Plaintiff's credit card $20.66 for the
product
Weight
in
February 2, 2013, comprising
April 27, 2013, comprising
plaintiff,
and
shipping
and
cost
and
purchase
handling
purchase
shipping
of 1
and
Day Diet on
fees. Unknown to
from Amazon contained sibutramine. Like the
by Amazon,
5
sibutramine
was
not
listed
as an
ingredient
on
Amazon's website
FDA revealed that 1
never
Day
notified Plaintiff
dangerous substance,
refunded his
a
or on
the
packaging
for 1
Day
Diet contained sibutramine. Amazon
his
never
purchase.
Plaintiff without
or
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Document 1
family
that it had
illegally
6 of 73
Page
Diet. In November
sold them
a
2013, the
Day Diet,
stopped sellina
prescription
marketed, sold, dispensed and distributed 1 Day
from
a
licensed
physician
but
supplement containing
warned about the risks associated with sibutramine and
Amazon
6
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and without
being
a
a
never
Diet to
licensed and
16.
Defendant is
Seattle, Washington.
a
Delaware
Amazon is
an
the CSPA Class.
Upon
with its
principal place
of business in
online retailer that conducts business in this District and the
United States via its Internet website,
marketed and sold Sibutramine
corporation
www.amazon.com.
Weight Loss Products
information and
belief,
to
Through
its
website, Defendant
Plaintiff and members of the Class and
Amazon is neither
a
physician nor a licensed or
IV.
BACKGROUND
17.
contains any
Sibutramine and
quantity
"any material, compound, mixture,
of' sibutramine is
a
or
preparation
which
Schedule IV controlled substance, listed among the
category of "Stimulants." 21 C .F .R. §1308.14(e).
18.
In
2010, the manufacturer of the branded pharmaceutical Meridia®, the only
product containing
withdrew the
19.
the active
ingredient
sibutramine
approved
for sale in the United States,
product from sales in the United States.
The decision to withdraw sibutramine from the United States market
precipitated by
a
series of FDA studies that demonstrated Sibutramine to
6
cause
was
serious health
hazards.
According
continued
achieve
to a
Filed 07/28/14
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Page
October 8, 2010 press release issued
by
7 of 73
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7
the FDA, "Meridia's
availability is not justified when you compare the very modest weight loss that people
on
this
drug
the Office of New
to
their risk of heart attack
Drugs
or
stroke, said John Jenkins, M.D., director of
in the FDA's Center for Drug Evaluation and Research
(CDER)."
The FDA's October 8, 2010 press release continued:
20.
The FDA requested the market withdrawal after reviewing data from the
Sibutramine Cardiovascular Outcomes Trial (SCOUT). SCOUT was initiated as
part of a postmarket requirement to look at cardiovascular safety of sibutramine
after the European approval of this drug. The trial demonstrated a 16 percent
increase in the risk of serious heart events, including non-fatal heart attack, nonfatal stroke, the need to be resuscitated once the heart stopped, and death, in a
group of patients given sibutramine compared to another given placebo. There
was a small difference in weight loss between the placebo group and the group
that received sibutramine.
21.
physicians
A
to
separate FDA Drug Safety Communication issued
(1) stop prescribing
stop taking the drug; and (3)
Meridia
to inform
(sibutramine); (2)
patients
on
October 8, 2010 advised
to contact
about the risks of taking
patients
to ask them to
sibutramine, including
"major adverse cardiovascular events" that could occur.
22.
Another FDA document dated October 8, 2010 and
Answers: FDA Recommends
that Meridia
the
product
(sibutramine)
remain
on
Against
would
no
the Continued Use
longer be
the market?
styled Questions
of Meridia (sibutramine)
available for sale in the United States:
and
confirmed
"Q3.
Will
No, Abbott will ask pharmacies and other retail
establishments where Meridia is sold to return the product to the company."
7
Page
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8
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STATEMENT OF FACTS
V.
Defendant markets, sells and distributes
23.
products. Weight loss supplement manufacturers
products
even
Filed 07/28/14
Document 1
life
that facilitate
weight loss,
but
threatening.
A substance
commonly
withdrawn
or was
marketed and sold
on
reckless in not
countries have
illegal
and
knowing
including
substances in their
for sale in the United States,
illicitly
used in
weight loss
dangerous
substances is the
Amazon knew
that the Sibutramine
and
or
should
Loss Products it
Weight
its website contained undisclosed sibutramine.
The sale of sibutramine
24.
notorious for
are
and controlled substance sibutramine.
prescription drug
have known
are
variety of brands of weight loss
a
joined
never
was
the United States in
including Australia, Canada, China,
the
without
permitted
withdrawing
a
Other
prescription.
sibutramine from their markets,
European Union, Hong Kong, India, Mexico,
New
Zealand, the Philippines, Thailand, and the United Kingdom.
Amazon Knows it is Unlawful for It to Sell
Amazon states
25.
unsafe,
or
other restricted
prohibited
°Anything
and
products
including products
from
selling
are:
(I)
(3)
or
on
available
Amazon
Substances
www.amazon.com,
"illegal,
only by prescription,
acknowledges
Controlled substances,
listed in Schedules I, II, III, IV
Products that
use,
its website that it may not sell
Among the categories of products that
26.
it is
on
Prescription Drugs or Controlled
on
its website that
including products containing:
V of the Controlled Substances
Act,
(2)
require a prescription or a medical professional's supervision or direction for their
Dietary supplements,
such
as
weight
loss
products,
that contain undeclared
or
prohibited active phaimaceutical ingredients,
27.
Among the "Prescription Drugs and Ingredients" that Amazon acknowledges
8
on
Document 1
its website that it is
included
are
I
amona a
drugs or
the
are
Page
products containing
9 of 73
9
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Presently
sibutramine.
its website that Defendant knows to contain subutramine,
on
Amazon's admissions and
scheduled controlled substances
it has sold.
acknowledgments
based
are
on
that it may not sell
the laws, rules and
prescription
regulations pertaining
sale, packaging and labeling of prescription drugs and scheduled controlled substances.
The Food Drug and Cosmetic Act
29.
Act
list of products
selling
Day Diet and many other Sibutramine Weight Loss Products
28.
to
from
prohibited
Filed 07/28/14
prescription drug containing
that is
a
physician.
For
a
a
valid
Schedule IV controlled substance without
a
from
prescription
a
instance, 21 U.S.C. §829(e) provides that, "[n]o controlled substance
may be
prescription drug
Internet without
and the Controlled Substance
353, 829 and 841, prohibit the sale of any
sections 21 U.S.C.
(the "CSA"), including
licensed
(the "FDCA")
prescription."
controlled substance may
only
be
delivered, distributed,
In
addition,
a
or
dispensed by
means
of the
prescription drug containing a Schedule
dispensed by a physician directly
IV
a
licensed
distribution of any
product
to a
patient or by
pharmacy acting upon a prescription from a licensed physician.
The FDCA and CSA further
30.
containing
a
prohibit
the sale
scheduled controlled substance unless that
labeling and packaging requirements of the
or
product complies
with strict
CSA and FDCA. See 21 U.S.C.
warning,
321, 352, 353,
360ee-1 and 825.
31.
In
addition, pursuant
to
21
U.S.C.
§352(p),
prescription drug must not violate the labeling requirements
Act, 15 U.S.C.
32.
1472 and
1473,
Federal rules and
or
a
label
or
packaging
for
a
of the Poison Prevention Packaging
applicable federal regulations.
regulations
contain further
9
prohibitions
on
selling, dispensing
Document 1
or
distributing prescription drugs
nr
entity
other than
a
licensed
or
Filed 07/28/14
controlled substances without
physician
or
pharmacist.
10 of 73
Page
a
prescription
PagelD
or
by
a
10
person
1306.03, 1306.05,
See 21 C.F.R.
1306.06, 1306.08, 1306.21, 1306.22, 1306.24.
33.
Through passage
charged the
Consumer Products
regulations
to assure
containers
that
of the Consumer Products
Safety
Conunission
prescription drugs
Pursuant to the
16 C.F.R.
§1700.14
(the "CPSC") with promulgating
See 15 U.S.C.
prescription drugs
1700.14(a)(4)
Substances
(the "CPSA"), Congress
are
§2079;
mles and
only dispensed
16 C.F.R.
§1700.2.
and
to be sold
only
in child-resistant
(a)(10) provide:
requiring special packaging.
Substances. The Commission has determined that the degree or nature of the
hazard to children in the availability of the following substances, by reason of
their packaging, is such that special packaging meeting the requirements of
§1700.20(a) is required to protect children from serious personal injury or serious
illness resulting from handling, using, or ingesting such substances, and the
packaging herein required is technically feasible, practicable, and
(a)
special
appropriate for these
in
CPSA, the CPSC has enacted rules and regulations requiring all
scheduled controlled substances and
packaging.
Act
and controlled substances
designed to prevent access by children.
34.
Safety
substances:
Controlled drugs. Any preparation for human use that consists in whole or in
part of any substance subject to control under the Comprehensive Drug Abuse
Prevention and Control Act of 1970 (21 U.S.C. 801 et seq.) and that is in a dosage
form intended for oral administration shall be packaged in accordance with the
provisions of §1700.15 (a), (b), and (c).
(4)
human use that is in a dosage form
that
is required by Federal law to be
and
administration
intended for oral
dispensed only by or upon an oral or written prescription of a practitioner licensed
by law to administer such drug shall be packaged in accordance with the
provisions of §1700.15 (a), (b), and (c),
(10) Prescription drugs. Any drug for
10
Document 1
controlled substances and
maintains
as
serious illness" that
or
a
rigorous testing protocol
set forth in 16 C.F.R.
constructed to be
toxic
or
occur
"to
the effectiveness of its
cannot open
or
significantly
adults to
obtain
for scheduled
These
The CPSC
substances.
"special packaging" rules,
"special packaging" requirements mean "packaging
a
use
toxic
that is
difficult for children under 5 years of age to open
harmful amount of the substance contained therein within
difficult for normal
11
protect children from serious personal
by ingesting dangerous
to ensure
PagelD
§1700.20.
The CPSC's
36.
or
can
11 of 73
1700.15(a), (b) and (c).
in 16 C.F.R.
prescription drugs
regulations require "special packaging" designed
injury
Page
protective packaging requirements
The CPSC has set forth the
35.
Filed 07/28/14
properly, but does
or
not mean
harmful amount within
a
or
obtain
a
reasonable time and not
packaging which all
a
designed
such children
reasonable time."
16 C.F.R.
§1700.1(a)(4).
37.
The Sibutramine
Weight Loss
Products sold
by Amazon
do not
comply
with the
laws, rules and regulations concerning the sale of prescription drugs and scheduled controlled
substances. For
example, the packaging and labeling for Day Diet appears as follows:
11
Filed 07/28/14
Document 1
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comply
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with the laws, rules and
••••..::::::•::.:::•.::................A;
•••9
following product insert, which
also
packaging, labeling
and
regulations concerning
the
warnings required for the sale of prescription drugs and scheduled controlled substances:
15
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Filed 07/28/14
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16
39.
The 1
Day
Diet
product
rnntainer and cap, which also did not
the
Filed 07/28/14
Document 1
sold
comply
packaging, labeling and warnings required
for the sale of prescription
4
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17
following product
with the laws, rules and regulations concerning
-"..4'f.
r
17 of 73
Amazon contained the
by
controlled substances:
. .; -?.Jil
Page
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s
17
E
drugs
and scheduled
Amazon has
Repeatedly Sold
An FDA
40.
2014, provides
over
Sibutramine
puhlication
100
Filed 07/28/14
Document 1
examples
Page
18 of 73
PagelD
titled Tainted Weight Loss
Products, last visited July 27,
since 2009 where the FDA had determined that over-the-
weight loss products contained prohibited and undisclosed drug ingredients.
counter
publication, attached as
18
Exhibit A to this
That FDA
Complaint, states:
emerging trend where over-the-counter products,
frequently represented as dietary supplements, contain hidden active ingredients
that could be harmful. Consumers may unknowingly take products laced with
varying quantities of approved prescription drug ingredients, controlled
substances, and untested and unstudied pharmaceutically active ingredients. These
deceptive products can harm you! Hidden ingredients are increasingly becoming
a problem in products promoted for weight loss.
has
FDA
an
The FDA's Tainted
41.
video,
prepared
identified
entitled
Weight Loss Products publication contains
Fooled
Being
by
Empty
Diet
link to
a
Promises.
FDA-
a
Source:
http://www.fda.gov/drugs/resourcesforyou/consumers/buyingusingmedicinesafelY/medicationhe
althfraud/ucm234592.htm, last visited July 27, 2014. That FDA video highlights the unlawful
inclusion of sibutramine in weight loss
Prior to
42.
Release
loss
on
as
as
Tainted
Weight
without
a
prescription.
on
January 8, 2009, identifying
many other
containing illegal controlled substances, including sibutrarnine.
Exhibit B to this
attached
consumers
releasing its Tainted Weight Loss Products publication, the FDA issued a
December 22, 2008, and reissued
products
sold to
products
Complaint,
is titled, FDA
Loss Pills increases from 28 to 69
Expands Warning
to
weight
That Release,
Consumers About
products; Agency seeking
recalls.
In that
Release, the FDA stated:
An FDA analysis found that the undeclared active pharmaceutical ingredients in
some of these products include sibutramine (a controlled substance), rimonabant
(a drug not approved for marketing in the United States), phenytoin (an antiseizure medication), phenolphthalein (a solution used in chemical experiments
18
Filed 07/28/14
Document 1
Page
19 of 73
causing agent) and bumetanide (a diuretic).
amounts of active pharmaceutical ingredients far exceeded
recommended levels, puttin2 consumers' health at risk.
and
a
suspected
cancer
PagelD
19
Some of the
the FDA-
weight loss products, some of which are marketed as "dietary
supplements, are promoted and sold on various Web sites and in some retail
stores. Some of the products claim to be "natural" or to contain only "herbal"
ingredients, but actually contain potentially harmful ingredients not listed on the
product labels or in promotional advertisements. These products have not been
approved by the FDA, are illegal and may be potentially harmful to unsuspecting
These
consumers.
The health risks posed by these products can be serious; for example,
sibutramine, which was found in many of the products, can cause high blood
heart attack or
pressure, seizures, tachycardia (rapid heart beat), palpitations,
stroke. This drug can also interact with other medications that patients may be
taking and increase their risk of adverse drug events. The safety of sibutramine
has also not been established in pregnant and lactating women, or in children
younger than 16 years of age.
43.
source
of deceptive and
44.
sell
The FDA has identified Internet retailers who sell
A
misleading conduct,
January 26,
often
loss
products
as a
selling products with undisclosed drugs.
2011 FDA Consumer
drugs that secretly containing
weight
Update warned against Internet retailers that
sibutramine. About sibutramine, the FDA stated:
ingredient of a different medicine called Meridia, a
approved by FDA to help obese people lose weight and
Sibutramine is the active
prescription drug also
maintain weight loss. In addition, sibutramine is classified as a controlled
substance by the Drug Enforcement Administration because of its potential for
abuse and misuse. Using medicine that contains an active ingredient that wasn't
prescribed by your licensed health care provider may be harmful.
45.
On December 15,
2010, the
FDA issued
a
Consumer Health Information release
styled Tainted Products Marketed as Dietary Supplements.
over
80
products
marketed for
weight
loss that
were
recently
as
As of that
date, the FDA had found
deceptively labeled
or
contained harmful
ingredients.
46.
Amazon has sold
as
19
July
2014
at least 47 of the
weight
loss
Document 1
Filed 07/28/14
Page
20 of 73
PagelD
20
products identified by the FDA as containing undisclosed sibutramine.
Defendant' s
47.
not disclose
description
that many Sibutramine
of the
"Appetite Suppressants from Amazon.com"
does
it has sold contain sibutramine:
Appetite Suppressants from Amazon.com
From natural and organic pills to low-carb fiber sprinkles and gluten-free supplement bars, appetite suppressants from
Amazon.com ranges in format, dietary specialties, quanfities, sizes, and more. Available in capsules, tablets, liquids,
brands like Earths
powders, drops, creams, chewables, soft-gels, and other formats, we feature well-known and popular
are looking to take them sprinkled into your food or as a
Whether
and
Sense.
you
Nutrition,
NatureWise,
Epic
Design,
choose from.
for
supplement beforehand, in the mornings, or at night—we pride ourselves on having a wide selection you to
Whether you're searching for natural Garcinia Cambogia extract supplements or raspberry ketone drops, we carry a variety
of appetite suppressants for a variety of dietary needs. Easily find the supplements you need with our handy shopping filters
that allow you to sort by format, dietary specialty, shipping option, feature keywords, brands, and more to refine your search.
You can also filter by price and discount for budget-friendly options, or by bestselling and top-rated products for customerrecommended choices. By using our Subscribe & Save options to order your preferred appetite suppressants and other
health products, you can save money while having regularly scheduled deliveries straight to your home.
Sourced from both natural and chemical ingredients, our selection of appetite suppressants offers you many choices when
want in the
you're shopping for all kinds of supplements and weight loss products, and you'll find the supplements you
convenient
and
several
affordable
shipping options to choose from,
formulas and doses that that you're looking for. And with
a
click
of
with
the
mouse.
order
of
receive
been
easier
to
it has never
appetite suppressants
your
You can find all the nutritional
slop health products shop.
48.
notifications
Given the
by
supplements you're looking for, including appetite suppressants, from Amazon.com, your one-
frequency
the FDA since 2008, the
Loss Products offered for sale
Weight Loss Products,
of its sales of Sibutramine
on
frequent removal by
www.amazon.com
and sold
on
or was
reckless in not
Weight
Amazon of Sibutramine
and its
own
statements that many
Sibutramine Weight Loss Products it has sold contain sibutramine, Amazon knew
have known
the many
knowing that Sibutramine Weight Loss Products
or
should
it marketed
its website contained undisclosed sibutramine.
Amazon Sold Plaintiff 1 Day Diet Containing Sibutramine
49.
sibutramine
50.
Among the weight loss products sold by
was
Amazon
containing undisclosed
.1
Diet
Day Diet.
According
to
Defendant's
marketing of
20
Day
on
its
website,
www.amazon.com,
as
of
Filed 07/28/14
Document 1
September
Suppre.ssnnts" products among the
2013 I
Day
"Weiaht Loss"
21 of 73
PagelD
21
21st in sales of "Appetite Control
sold
products
Day Diet
Amazon marketed and sold
51.
Diet ranked
Page
by Amazon.
www.amazon.com
on
without
a
prescription by a licensed physician.
The 1
52.
that it contained
a
Day
Day
Diet
that it contained sibutramine.
On
54.
Defendant
Neither the
on
product marketed
for sale and sold
Schedule IV controlled substance. This
The I
53.
Diet
product marketed
This
was a
purchase price
nor
the
to Plaintiff s credit card for the
material omission.
was a
for sale and sold
by
Amazon did not disclose
material omission.
Day
January 30, 2013, Plaintiff purchased
www.amazon.com, which
Amazon did not disclose
by
Diet
Amazon
product was shipped by
shipping
January 30,
and
fees collected
handing
2013
using
purchase
of I
his credit card from
on
February 1,
by Amazon
and
2013.
charged
Day
Diet has been refunded to
Day
Diet
Plaintiff or his credit card.
55.
On
from Defendant
on
2013. Neither the
charged
April 19, 2013, Plaintiff again purchased
www.amazon.com, which
purchase price
nor
the
to Plaintiff s credit card for the
product
shipping
and
April 19,
was
I
shipped by
purchase
his credit card
Amazon
fees collected
handing
2013
using
by
on
April 27,
Amazon and
of 1 Day Diet has been
refunded to Plaintiff or his credit card.
56.
manufactured
Because of the
Day
labeling violations, Plaintiff
Diet and many of the Sibutramine
is unable to determine who
Weight
Loss Products.
based upon Amazon's marketing of I Day Diet and statements made
on
For
example,
its website about the
Product, the manufacturer of I Day Diet is not located within the United States, is likely located
21
in Thailand, and is not
subject
to service of process
Plaintiff would he unable to enforce
57.
58.
product.
Its
59.
a
jurisdiction.
highly probable
that
21, 2013, the FDA announced that it had tested the I Day Diet
The FDA's announcement
Day
It is
22
PagelD
Sibutramine
analysis revealed that I Day Diet contained sibutramine.
Pubhc Notification: "1
22 of 73
Day Diet through at least November 2013.
Day Diet Contains
On November
or
Page
judament aaainst the foreian manufacturer(s).
Amazon marketed and sold I
The FDA Reveals that 1
Filed 07/28/14
Document 1
Diet" Conthns Hidden
was
See Exhibit C hereto.
published in a Public Notification, which
stated:
Drug Ingredient
[11-21-2013] The Food and Drug Administration (FDA) is advising consumers not to purchase or use '1
Day Diet, a product promoted and sold for weight loss on various websites and possibly in some retail
1
stores.
Day Diet" contains sibutramine. Sibutramine is a controlled
laboratory analysis confirmed that
substance that was removed from the market in October 2010 for safety reasons. The product poses a
threat to consumers because sibutramine is known to substantially increase blood pressure andfor pulse
rate in some patients and may present a significant risk for patients with a history of coronary artery
disease, congestive heart failure, anhythmias, or stroke. This product may also interact, in life
threatening ways, with other medications a consumer may be taking.
FDA
:0;5,i'
10'
Consumers should stop using this product immediately and throw it away. Consumers who have
i,
experienced any negative side effects should consult a health care professional as soon as possible,
Healthcare professionals and patienth are encouraged to report adverse events or side effects related to
the use of these products to the FDA's MedWatch Safety Information and Adverse Event Reporting.
Progiam:
Complete and submit the report Online:
www.fda.govfMedWatchireport.htm1
Download form2 or call 1400-332-108B to request a reporting fon-n, then complete and return to
the adthess on the pre-addressed form, or submit by fax to 1-800-FDA-0178
Note: This notification is to inform the public of a growing trend of dietary supplements or conventional
foods with hidden drugs and chemicals. These products are typically promoted for sexual enhancement,
weight loss, and body building, and are often represented as being "all natural.' FDA is unable to test and
identify all products marketed as dietary supplements on the market that have potentially harmful hidden
ingredients. Consumers should exercise caution before purchasing any product in the above categories.
Please refer to the links below for
Tainted Weight
Loss
more
information:
Product2
Subscribe to the RSS
feed4
Tainted Supplement Consumer Article5
•••••::4••:••••••••
60.
After November 21, 2013, Plaintiff learned that Defendant had
unfairly, deceptively
and in breach of its
scheduled controlled substance, without
registered pharmacy,
and without
a
implied
warranties sold him 1
Day
Diet
unlawfully,
containing
a
prescription, without being dispensed by a licensed or
complying
with the federal
22
laws, rules and regulations
Document 1
sale of prescription
concerning the
purchased
belief,
a
Weight
Sibutrarnine
Amazon does not
notify
Amazon ceased
him and his
family of the
refund,
nor
nor warn
them. Like the other members of the Class and CPSA
Day Diet,
Day
or
FDA's website to learn
who
VL
to
offer him
a
Sibutramine
purchased
Weight
and omissions should
in addition to the other relief
or
debit card information for all
Products
from its website,
Weight
Loss
provide
refunds to Class members who
Loss Products from it. This
guaranteeing
practices
damages,
Amazon possesses credit card
though
about the risks associated with
"the condition of the
was
true,
even
though it provides
upon
purchased
an
"A-to-z
product you buy" on www.amazon.com.
CLASS ACTION ALLEGATIONS
63.
For Count I
seeking injunctive
action pursuant to FED. R. Civ. P.
Class")
nor
and Fourth.
information and belief, Amazon does not
Sibutramine
more
Diet. These intentional and willful acts,
sought in Counts Third
Even
62.
Guarantee"
it did not attempt to contact Plaintiff to alert
award to Plaintiff and the Class of punitive
and remedies,
customers
1
sold
them of the serious health hazards associated with sibutramine and 1 Day Diet,
sibutramine and 1
an
selling
23
PagelD
website, upon information and
FDA's detection of sibutramine in I Day Diet,
refer them to the FDA
result in
Loss Products from its
or warn
23 of 73
mailin2 addresses for all customers
its customers when the FDA discovers
by Amazon contain sibutramine,
Class, when
Page
and scheduled controlled substances.
Even though Amazon possesses email and
61.
who
drugs
Filed 07/28/14
23(a)
and
relief
23(b)(2)
of CPSA Class members who resided in
the age of 5 years old
on
the date of
a
23
its sole
on
behalf of himself
remedy,
household with
purchase
Plaintiff
as
a
class
one or more
from Defendant any
brings
(the
this
"CPSA
children under
product containing
sibutramine, including, but
Filed 07/28/14
Document 1
not limited to, those
products
Page
24 of 73
PagelD
24
identified in Exhibits A and B hereto
that the FDA has determined contained undisclosed sibutramine, including: Lingzhi Cleansed
8 Bum
Slimming, Lipo
Slim Tea, Mix Fruit
Slim, Sliming Diet,
Capsules, Beauty
5
Dr. Mao
Japan Rapid Weight
Capsule,
Leisure 18
Capsule,
P57
Pollen,
Capsules,
Instant Slim, Meizi Evolution, Fruit &
Zi Xiu Bee Pollen
Body,
Goodliness
Slimming Capsules,
Yellow, Japan Weight Loss Blue, Dream Body Slimming
Loss Diet Pills
Slimming Coffee, Lishou, Magic Slim Tea, Magic
Slim
Weight
Hoodia, Tengda, Botanical Slinmiing, Health Slimming Coffee, Pai
Slim Tea, Slim Xtreme Herbal
Perfect Slim, Slim
who
Slimming Capsules,
Beautiful Slim
Slimming, Paiyouji Plus,
CD/. P.
Fat Loss
Days Slimming Coffee, Jimpness Beauty
Fat-Reducing Capsules,
64.
Bee
Plus, 7 Days Herbal Slim, Slimming Diet Berry Plus, SlimExtra Herbal
Asset Extreme
4 in 1 and
Bold, Asset
Body Slimming Capsule, Magic Slim,
Slim Trim U, Lite Fit USA, Vitaccino Coffee, Dream
Plant
Asset
Slimming Capsule,
Express 360,
2
Day Diet,
Fruta
Loss
You Gou
Planta, Venom Hyperdrive 3.0, Imelda
Lida Daidaihua, 3x
Slimming Power,
Slim Express
Meizitang.
For Counts II
23(a), 23(b)(2)
purchased
and
through VI, Plaintiff
23(b)(3)
on
from Defendant any
also
brings
behalf of himself and
a
this action pursuant to FED. R.
class
(the "Class") of all persons
product containing sibutramine, including,
but not limited
to, those products identified in Exhibits A and B hereto that the FDA has determined contained
undisclosed sibutramine, including:
Bum
Lingzhi Cleansed
Slim, Sliming Diet, Asset Bold,
Asset Bee
Diet Berry Plus, SlimExtra Herbal
Slimming, Lipo
8
Pollen, Slim Trim U, Lite Fit USA, Vitaccino
Coffee, Dream Body Slimming Capsule, Magic Slim,
Slimming
Slim Tea, Mix Fruit
Asset Extreme
Capsules, Beauty
24
5
Plus, 7 Days Herbal Slim,
Days Slimming Coffee,
Capsules,
Body,
Instant Slim, Meizi
Dream
Slim
Magic
Slim Tea,
Health
Slimming Coffee,
Planta,
Venom
Magic
25 of 73
25
PagelD
Dr. Mao
Slimming
Evolution, Fruit & Plant Slimming, Paiyouji Plus, Beautiful Slim
Slimming Capsules, Japan Rapid Weight
Zi Xiu Bee Pollen
Japan Weight Loss Blue,
Page
Capsules, Goodliness Fat-Reducing Capsules,
Fat Loss
Jimpness Beauty
Filed 07/28/14
Document 1
Body Slimming Capsule,
P57
Weight Loss Capsule,
Leisure 18
Hoodia, Tengda, Botanical Slimming,
Slimming Capsule,
Fruta
Day Diet,
Lida
Slim, Slim Express 360,
Perfect
Yellow,
Slimming Coffee, Lishou,
Pai You Gou Slim Tea, Slim Xtreme Herbal
Hyperdrive 3.0, Imelda
Loss Diet Pills
2
Daidaihua, 3x Slimming Power, Slim Express 4 in 1 and Meizitang. Excluded from the Class is
any person who has received
handling,
a
for the Sibutramine
claims for
full refund of their
Weight
suffered
personal injuries
Loss
as
a
purchase price(s), including shipping
Product(s) purchased
result of
ingesting
and
from Defendant and any
Sibutramine
Weight
Loss
Supplements.
Excluded from the
65.
Class, and from the CPSA Class,
are
Defendant and its
subsidiaries, officers, directors, employees, partners and co-venturers, federal, state,
any judicial officer
governmental entities,
immediate
family and judicial staff,
The Sibutramine
66.
I",,,
C'',
e,
t,
I
r•,,
N,.1.,
1•- I 1, 11,
t:,
v,
..vt, 7.. ,
4
z,
N,,,,
s
7
3,
2.r, 4-
.1,
r
A,,v.,
"..'i,^2..d.
Lingzhi Cleansed
Slim Tea
i
Mix Fruit Slmmin.
g
/en,Wi..•'",
0-..,
-;'i'‘,
q..
•:..t.' t'i..,, -si....`',
0,
4
F.,
:4, .50., 44.:', `:„r.1,
by product name
t'
z,,,,
61•;P P, f,f77,70
.t4 [6.41"4:;:.'.J 'Ar^Y"ki,
In^ ..jP,,11'..-3 i',
-:1.,
\tt''' T-q, 4:- `4,
identified
each marketed and sold by Amazon:
were
local
of his/her
assigned to this action.
and any juror
63 and 64 above and listed below
ew
r,,,,, c -.6 6 c.-", r
presiding over this action and the members
or
V,
v_, .1_
L.
y
t,t',,L,
...t. k
7/8/14
7/8/14
25
"„..:43'.., •4.1,,,,,
s'rr.711,
..5,,,,
.^.70.
U;;Tfgic:ft,
.."4:$1, .7, '0'
. . 1.
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in
Paragraphs
Lipo
Document 1
7/8/14
8 Burn Slim
Sliming
Filed 07/28/14
6/17/14
niPt
Asset Bold
5/16/14
Asset Bee Pollen
5/12/14
Slim Trim U
5/5/14
Lite Fit USA
4/10/14
Vitaceino Coffee
3/19/14
Dream
Body Slimming Capsule
1/21/14
Magic Slim
1/21/14
Asset Extreme Plus
12/19/13
Days Herbal Slim
12/19/13
7
Slimming Diet Berry Plus
12/19/13
SlimExtra Herbal
11/21/13
Capsules
11/21/13
Day Diet
Beauty 5 Days Slimming Coffee
11/21/13
Jimpness Beauty Fat Loss Capsules
11/7/13
Fat-Reducing Capsules
11/5/13
Goodliness
Dr. Mao
Slimming Capsules
10/10/13
Instant Slim
9/17/13
Meizi Evolution
6/27/13
Fruit & Plant
6/17/13
Paiyouji Plus
Slimming
6/17/13
26
Page
26 of 73
PagelD
26
Beautiful Slim
Document 1
Filed 07/28/14
11/8/12
Body
7i Xiu T-ng Ree Po 11.-n
cipsiilec
0/74/1 2
Japan Rapid Weight Loss Diet Pills Yellow
4/3/12
Japan Weight Loss Blue
2/18/12
Dream
Body Slimming Capsule
10/18/11
Slimming Coffee
10/18/11
Leisure 18
Lishou
10/18/11
Magic Slim Tea
10/18/11
Magic Slim Weight Reduction Capsule
10/18/11
P57 Hoodia
10/18/11
Tengda
10/18/11
Botanical
Health
10/18/11
Slimming
Slimming Coffee
10/18/11
Pai You Guo Slim Tea
10/18/11
Slim Xtreme Herbal
5/10/11
Slimming Capsule
10/22/10
Fruta Planta
Venom
Hyperdrive
3.0
1/27/09
Imelda Perfect Slim
12/22/08
Slim Express 360
12/22/08
Diet
12/22/08
2
Day
Lida DaiDaihua
3x
Slimming Power
12/22/08
12/22/08
27
Page
27 of 73
PagelD
27
Filed 07/28/14
Document 1
Slim Express 4 in 1
12/22/08
Meizitng
1 2/22/08
67.
28 of 73
PagelD
The classes contain many thousands of individuals whose identities
readily ascertained
or
Page
can
28
be
from Defendants' books and records. Plaintiff does not know the exact size
identities of the
proposed classes,
since such information is in the exclusive control of
Defendant.
question of law and fact raised in this action include the following:
68.
Common
(a)
Whether Defendant marketed Sibutramine
a
for sale without
prescription from a licensed physician;
(b)
Whether Defendant sold Sibutramine
classes without
(c)
a
Whether Defendant marketed
Whether the Sibutramine
Whether the Sibutramine
with the
sold Sibutrarnine
or
a
licensed
Weight
Loss Products to
pharmacy;
Schedule IV controlled substance
(e)
Loss Products to Plaintiff and the
prescription from a licensed physician;
Plaintiff and the classes without being
(d)
Weight
sold by Defendant contained the
sibutramine;
Weight
Loss Products sold
labeling, warning, child-resistant
caps and
by Defendant complied
packaging
rules for
prescription
pharmaceuticals and scheduled controlled substances;
(f)
Whether Defendant's
violated the CPSA by
(g)
reason
Whether Defendant's
marketing
or
sale of Sibutramine
of violations of CPSC rules and
marketing
or
28
Weight
Loss Products
regulations;
sale of Sibutrarnine
Weight
Loss Products
was
unfair
or
Filed 07/28/14
Document 1
Page
29 of 73
PagelD
29
deceptive;
Whether Defendanec marketing
or
sale of Sibutramine Weight Loss Products
violated the Washington Consumer Protection Act,
or
the
consumer
laws of
protection
other states;
Whether Defendant made
merchantability
(j)
of Sibutramine
Whether Defendant's
violated WASH. REV. CODE
implied warranties concerning
sale,
the
use
or
Weight Loss Products;
marketing
or
sale of Sibutramine
62A.2-314 AND 62A.2-315,
or
the
Weight
Loss Products
implied warranty
laws
of other states;
(k)
Whether Defendant
enriched
unjustly
was
by
its sale and retention of the
proceeds from the sale of Sibutramine Weight Loss Products
(1)
disgorgement,
a
the
Plaintiff and
Whether
are
entitled
constructive trust, declaratory relief and/or
of Defendant's conduct, and the proper
(m)
Class
measure
Whether Plaintiff and the classes
Defendant's sale of Sibutramine
Weight
are
to Plaintiff and the
to
Class;
damages, restitution,
injunctive
relief
as a
result
of damages and other relief; and
entitled to
injunctive
Loss Products and
relief
continuing
as a
result of
sales of products
containing sibutramine.
69.
Plaintiff will
fairly and adequately protect
has retained able counsel with extensive
in class action
litigation.
experience
in
the interests of the classes.
deceptive
consumer
practices
The interests of Plaintiff are coincident with, and not
Plaintiff
as
well
as
antagonistic to,
the interests of the other Class and CPSA Class members.
70.
The
questions
of law and fact
common to
29
the members of the Class and CPSA
Class
predominate
fnr.tnal izcnec
over
questions affecting only
relating tn liability
The
71.
any
a
Page
30 of 73
individual members,
PagelD
including legal
30
and
and da_mages.
the Class and
by individual members of
of separate actions
prosecution
CPSA Class would create
Filed 07/28/14
Document 1
risk of inconsistent
varying adjudications
or
individual Class and CPSA Class members, which would establish
with respect to
incompatible
standards of
conduct for Defendants.
A class action is
72.
adjudication
of this controversy.
Class and CPSA Class may be
make it
impossible
superior
to
Since the
other available methods for the fair and efficient
relatively small,
as a
encounter
for the members of the Class and CPSA Class
VII.
class action will eliminate the
no
by individual
members of the
the expense and burden of individual
wrongs done to them. The Class and CPSA Class
action
suffered
damages
are
possibility
difficulty in managing this action as
a
individually
readily definable,
of
and
to
litigation
redress the
prosecution
repetitious litigation.
of this
The Court will
class action.
DAMAGES
73.
For Counts II
thorough VI, Plaintiff and
individual and aggregate amounts of their full
Products from Amazon, less refunds,
the Class have incurred
purchase price(s)
damages
of Sibutramine
in the
Weight
Loss
including but not limited to the product cost, taxes and any
shipping and handling costs.
74.
Amazon
by
Plaintiff and the Class
credit
or
paid for Sibutramine Weight Loss Products purchased from
debit card, which amounts
Defendant's records.
30
are
known to Amazon and reflected in
Amazon
75.
ch;nni.r1
nn
Pphrnarv 1
Amazon
76.
Filed 07/28/14
Document 1
credit card $37.83 for the
charged Plaintiff's
onninri sing the nroduct cost and
2611,
shippin2
Plaintiff's credit card $20.66 for the
charged
31 of 73
Page
31
PagelD
of 1 Day Diet
purchase
and handling fees.
of 1
purchase
Day
Diet
shipped on April 27, 2013, comprising the product cost and shipping and handling fees.
Defendant has not refunded any monies to Plaintiff or his credit card used to make
77.
the
purchases of 1 Day Diet from Amazon.
VIII.
EQUITABLE TOLLING
Defendant has
78.
nature of its
engaged
in
deceptive
and
unlawful conduct from Plaintiff and the classes
misrepresentations.
As
a
result and
proximate
cause
efforts to conceal the true
through
Defendant has intended to and has, in fact,
through misrepresentations and omissions, as described
79.
misleading
acts
accomplished
a
prescription,
of Defendant's concealment and because
Weight
Plaintiff and Class and CPSA Class members
Despite possessing Plaintiff's
listing products by product
selling
Sibutramine
Weight
name
Loss
Products,
CPSA Class members that those
controlled substance and
nor
on
did Amazon refer them to the FDA
Instead,
kept
31
and
its website, when Amazon ceased
that the FDA has stated could
Amazon
be
to
mailing addresses,
Amazon did not inform Plaintiff
or
likely
action.
nor
products contained undisclosed sibutrarnine,
prescription drug
associated with sibutramine.
and the classes' email and
Loss Products
were
reasonably unaware of Defendant's unlawful acts and the claims alleged in this
80.
its concealment
herein.
Defendant represents that it could sell and dispense the Sibutramine
without
of omissions and
its violations
a
cause
more
the Class
a
or
scheduled
serious harm,
about the risks
secret from Plaintiff and
Filed 07/28/14
Document 1
members of the Classes and has continued to market and sell
Page
32 of 73
loss
weight
32
PagelD
products containing
undisclosed sibutramine.
Even
81.
purchase
though possessing Plaintiff's
the Sibutramine
Loss
Products, when
Amazon ceased
selling
Loss Products, Amazon did not refund Plaintiff s and Class members'
Weight
for those
products, nor did it inform Plaintiff or the
Class they could seek
or
Sibutramine
purchase prices
demand
a
refund.
Due to Defendant's omissions and efforts to conceal its unlawful sale of the
82.
Sibutramine
Weight
Loss Products,
classes would not have
material events
the
Weight
and the Class' credit card information used to
reasonably
giving rise to
a
reasonably diligent
consumer,
learned of their claims
their claims in this action,
or
alleged
their
including
in this
damages
members of the
action,
or
and remedies,
all the
prior
to
filing of this lawsuit.
83.
Defendant
entirely
or
Class members' lack of
was
not due to any fault
substantially
or
knowledge
to the acts of
and
on
Plaintiff has been
to
lack of reasonable
Defendant
complete nature of its unlawful and inequitable
84.
as
diligent
in
the existence of their claims
diligence
designed
to
on
against
their part, but rather due
conceal and hide the
true
and
conduct.
bringing
his claims in this action, both
individually
behalf of the classes.
85.
The statute of limitations for all claims
alleged
Plaintiff and members of the classes until the date this lawsuit
32
in this action should be tolled for
was
filed.
Filed 07/28/14
Document 1
Page
33 of 73
PagelD
33
FIRST CAUSE OF ACTION
VInT
TIC1N
RULES
86.
nr
AND
SAFETY ACT BY REASON OF VIOLATIONS OF THE
THE CONSUMER PRODUCT SAFETY COMMISSION,
CCINSUMF.12 PRODUCT
REGULATIONS OF
15 U.S.C. SECTION 2051, ET. SEQ.
Plaintiff restates,
re-alleges and incorporates by reference
Plaintiff is and
in
the
foregoing
paragraphs.
87.
was
February
and
April
2013 the father of three children under
the age of 5 years old who resided in his household.
Plaintiff is
88.
an
"interested
person"
as
contemplated
and construed
by
15 U.S.C.
§2073(a).
89.
Plaintiff is interested in
90.
Pursuant to 15 U.S.C.
(a)
keeping his and other children safe.
§2068,
It shall be unlawful for any person to—
sell, offer for sale, manufacture for sale, distribute in commerce, or
import into the United States any consumer product, or other product or substance
that is regulated under this Act or any other Act enforced by the Commission, that
is not in conformity with an applicable consumer product safety rule under this
Act, or any similar rule, regulation, standard, or ban under any other Act enforced
by the Commission;
(1)
15 U.S.C.
§2068(a)(1).
91.
child resistant
Pursuant to the
packaging
substance. 16 C.F.R.
92.
CPSA, the CPSC has promulgated a rule and regulation requiring
for any
product
that consists in whole
or
in
part of any controlled
§1700.14(a)(4).
The CPSC has also issued rules and
be sold in child resistant
packaging.
See 16 C.F.R.
33
regulations requiring prescription drugs
1700.14(a), 1700.15(a), (b) and (c).
to
Sibutramine is
93.
issileri
a
by licencpri phycinian.
n
Filed 07/28/14
Document 1
Page
34 of 73
schedule IV controlled substance, available
91
34
PagelD
only by prescription
353, 829, 841.
TLSC.
94.
The 1 Day Diet product sold
95.
The other Sibutramine
by Defendant contained Sibutramine.
Weight
Loss Products sold
by Defendant contained
Sibutramine.
Defendant sold and
96.
or
packaging
placed
16 C.F.R.
Weight
CPSC rules and
Day Diet without
regulations requiring
1700.14(a), 1700.15(a), (b)
On information and
Sibutramine
1
commerce
in violation of the CPSC rules and
packaging required by
97.
in
and
a
child resistant cap
child resistant caps and
(c).
belief, Defendant sold and placed in
Loss Products without child resistant caps
child resistant caps and
or
packaging
commerce
the
in violation of the
packaging required by
16 C.F.R.
1700.14(a), 1700.15(a), (b) and (c).
Defendant's sale of 1 Day Diet and the Sibutramine
98.
without child resistant caps and
violation of the CPSA, and in
Defendant has
99.
regulations promulgated by
packaging
particular
engaged
in violation of the CPSC's rules and
15 U.S.C.
in
the CPSC
a
Weight
a consumer
is
a
pattern and practice of not complying with rules and
pertaining
to
the sale controlled substances and
§2073,
any interested person may
product safety rule and to
obtain
34
injunctive relief.
unless
bring
United States District Court for the district in which the defendant is found
to enforce
regulations
§2068(a)(1).
prescription pharmaceuticals, which pattern and practice is likely to continue
100.
Loss Products
or
This
an
enjoined.
action in any
transacts business
cause
of action is
pursuant
to this statute and
013c. A
101.
attorney's
Document 1
Plaintiff seeks
injunctive
Page
35 of 73
PagelD
35
Plaintiff does not seek damages
relief.
few ln;rnerdf or tbe CPS A CI ncc
§2073(a), Plaintiff,
fees and costs, and all other
Defendant's violations of the rules
and sale of Sibutramine
102.
Filed 07/28/14
appropriate legal
the CPSA Class seek
and
equitable
an
injunction,
relief and remedies for
promulgated by the CPSC concerning its unlawful marketing
Weight Loss Products.
this action, Plaintiff gave notice
§2073,
more
than 30
by registered mail
to
days prior
the
to
the commencement of
Attorney General, the CPSC and
Defendant of the nature of the violation, the relief requested and the court in which this action
would be commenced.
35
Document 1
Filed 07/28/14
Page
36 of 73
36
PagelD
SECOND CAUSE OF ACTION
UNJUST
103.
ENRTCHMENT
by
Plaintiff restates, re-alleges and incorporates
foregoing
the
reference
paragraphs.
104.
the
cominon
Defendant has violated the
laws and
principles
of
common
unjust
law of unjust enrichment in
Washington,
and
enrichment in all the states of the United States and
the District of Columbia.
105.
Complaint concerning
retention of monies
106.
benefit
inequitable
Defendant has benefited from the unlawful and
its sales of the Sibutramine
Weight
Loss
alleged
in this
Products, and Defendant's
paid by Plaintiff and the Class traceable to those purchases.
Plaintiff and the Class have conferred upon Defendant
resulting
acts
from their
purchases
of the Sibutrarnine
Weight
traceable economic
a
Loss Products from
Defendant.
107.
The economic benefit derived
Defendant's sales of the Sibutramine
108.
sell
Defendant has attained
by Defendant
is
a
direct and
proximate result
of
Weight Loss Products to Plaintiff and the Class.
an
appreciation
or
knowledge
that it
was not
permitted to
products to Plaintiff and the Class containing sibutrarnine.
109.
resulting
The financial benefits derived from
from its sales of the Sibutramine
Weight
rightfully and equitably belong to Plaintiff and the
110.
would be
Under the
common
law of
or
inuring
to
the benefit of Defendant
Loss Products to Plaintiff and the Class
Class.
Washington
and all states within the United States, it
inequitable and unjust for Defendant to retain any portion of the purchase prices
36
for its
sales of the Sibutramine
111.
brought
Document 1
Filed 07/28/14
Page
37 of 73
PagelD
Weight Loss Products to Plaintiff and the Class.
Plaintiff's and the classes' unintentional conferral of profits onto Defendant
about
by
37
Defendant's' unfair,
deceptive, misleading
and
inequitable methods,
was
acts
and
practices alleged in this Complaint.
112.
Defendant should be
compelled provide
in
a common
inequitable proceeds
it received
restitution
fund for the benefit of Plaintiff and the Class all unlawful
or
or
to
disgorge
from them.
113.
A constructive trust should be
imposed
upon all unlawful
received by Defendant traceable to Plaintiff and the Class for
Sibutramine Weight Loss Products.
37
purchases
or
inequitable
sums
from Defendant of the
Docunient 1
Filed 07/28/14
Page
38 of 73
PagelD
38
THIRD CAUSE OF ACTION
VIOLATION OF THE WASHINGTON CONSUMER PROTECTION
19.86.010, ET SEQ.
WASH. REV. CODE
and
re-alleges
Plaintiff restates,
114.
ACT,
incorporates by
the
reference
foregoing
paragraphs.
The
115.
provides that,
Washington
"Unfair methods of
conduct of any trade
or commerce are
of Washington, Defendant's
As
117.
acts
alleged
or
Products without
118.
acts
As
119.
acts
or
As
alleged herein were made
herein and above, Defendant has
acts
or
practices
in the
and conducted from the State
for sale and
engaged
selling
in
illegal,
the Sibutramine
unfair and/or
Weight
Loss
prescription from a licensed physician.
and above, Defendant has
alleged herein
prescription drug
deceptive
principal place of business.
for sale and
practices by marketing
or
or
Section 19.86.020,
hereby declared unlawful.
practices by marketing
a
(the "WCPA"),
and unfair
competition
Defendant's unlawful acts
116.
deceptive
Consumer Protection Act
over
selling
engaged
in unfair and/or
the Sibutramine
Weight
deceptive
Loss Products,
a
the Internet.
and above, Defendant has
alleged herein
practices by dispensing
the Sibutramine
engaged
in unfair and/or
Weight Loss Products without being
deceptive
a
licensed
pharmacy.
120.
acts or
As
alleged
herein and above, Defendant has
engaged
in unfair and/or
deceptive
practices by dispensing the Sibutramine Weight Loss Products without complying with
the CPSC rules and
121.
As
regulations.
alleged
herein and
above, Defendant has engaged in unfair and/or deceptive
38
acts or
practices by failing to notify Plaintiff and the
the Sihntrnmine
122.
Class
Filed 07/28/14
Document 1
was
Class when and
Defendant's sale of the Sibutramine
or
commerce,
why
Defendant's unfair and
Weight
deceptive
acts and
Weight
practices concerning
Loss Products had the
purchased without a prescription from a licensed physician,
was
it ceased
selling the
Loss Products to Plaintiff and the
substantial portion of the public into believing that the Sibutramine
substances,
39
PagelD
using Defendant's Internet website, www.amazon.com.
sale and distribution of the Sibutramine
could be
39 of 73
Weight Loss Products.
made in trade
123.
Page
safe for its intended
use
and could be
the
capacity
Weight
marketing,
to deceive
a
Loss Products
did not contain controlled
dispensed by Defendant
who
was
not a
licensed pharmacy.
124.
deceptive
acts
Weight
and
practices concerning
the
marketing,
adversely affected
Loss Products
the
public
interest, including the safety interests Plaintiff and the Class, their families and children.
125.
Plaintiff and the Class have been
injured
as
a
direct and
proximate
result of
Defendant's violations of the WCPA Section 19.86.020.
126.
proximate
Plaintiff and the Class have suffered and incurred actual damages
as a
direct and
result of Defendant's violations of the WCPA Section 19.86.020, in the amount of
the full cost of purchasing the Sibutramine
from Defendant.
127.
are
"persons" as defined WCPA Section
128.
are
entitled to pursue
a
claim
WCPA Section 19.86.090 and/or WCPA Section 19.86.093 to
of WCPA Section 19.86.020.
39
19.86.010.
against Defendant pursuant to
remedy
Defendants' violations
129.
nil
Page
injunction, restitution, disaorgement, attorney's
appropriate legal
WCPA
Filed 07/28/14
Plaintiff and the Class seek damages, statutory damages,
punitive damsges,
other
Document 1
and
equitable
40 of 73
PagelD
exemplary damages,
fees and costs, and all
relief and remedies for Defendant's violations of the
concerning its unlawful marketing and sale of the Sibutramine Weight Loss
130.
Even
though possessing Plaintiff's
not
attempt
to contact
Plaintiff
detection of sibutramine in the Sibutramine
nor to warn
Products.
mailing
and the Classes' email addresses,
addresses and credit card information, when Amazon ceased
Products, it did
40
or
selling Sibutramine Weight
Loss
the Class to alert them of the FDA's
nor
to
offer them
a
refund,
them of the serious health hazards associated with sibutramine, the Sibutrarnine
risks associated with
nor
to refer them to the FDA
sibutramine, and the Sibutramine Weight
intentional and willful acts,
the Class of punitive
or
practices
and omissions should result in
damages.
40
more
Loss Products.
an
award
to
about the
These
Plaintiff and
Filed 07/28/14
Document 1
Page
41 of 73
PagelD
41
FOURTH CAUSE OF ACTION
VIOLATIONS OF CONSUMER PROTECTION LAWS
OF STATES ADDITIONAL TO WASHINGTON
131.
Plaintiff restates,
incorporates by
and
re-alleges
reference
foregoing
the
paragraphs.
132.
members' claims
provide
and/or
a
against Defendant,
misleading
acts,
practices
a
following
and conduct
prescription, while
protections provided by the
alternative
Loss Products
Products sold
(a).
concerning
not
redress to Plaintiff s and all Class
being
a
on
consumer
protection
Defendant's unfair,
deceptive,
the sale of the Sibutramine
licensed
statutes
Weight
without the
pharmacy and/or
CPSA and the CPSC rules and the FDCA and FDA regulations, and
failing to notify Plaintiff and the
Weight
the
basis for redress to Plaintiff and the Class based
Loss Products without
for
provide
In the event that the WCFA does not
Class when and
with the risks and
along
why
Defendant ceased
dangers associated
selling Sibutramine
with continued
use
of those
by Amazon:
The Alaska Unfair Trade Practices and Consumer Protection Act, Alaska State.
45.50.471 et seq.;
(b).
The Arizona Consumer Fraud Act, Ariz. Rev. Stat. Ann.
(c).
The Arkansas
(d).
The California Consumer
Deceptive
44-1521,
Trade Practices Act, Ark. Code Ann.
et seq.;
4-88-101,
et
seq.;
and/or the California Unfair
(e).
Legal
Remedies Act, Cal. Civ. Code
Competition Law, Cal.
Bus. & Prof. Code
The Colorado Consumer Protection Act, Colo. Rev. Stat.
41
17200,
1750,
et seq.
et seq.;
6-1-101,
et seq.;
Filed 07/28/14
Document 1
Page
42 of 73
(f).
The Connecticut Unfair Trade Practices Act, Corm. Gen. Stat.
(g).
The Delaware Consumer Fraud Act, Del. Code Ann. tit. 6,
42
PagelD
42-110a,
et
seq.;
the Delaware Uniform
(h).
Deceptive Trade Practices Act, Del. Code Ann.
§§2511
tit. 6,
et seq. and/or
§2531,
et seq.;
The District of Columbia Consumer Protection Procedures Act, D.C. Code Ann.
§28-3901, et seq.;
(i).
501.201,
Deceptive
and Unfair Trade Practices Act, Fla. Stat. Aim.
et seq.;
(j).
370,
The Florida
The
Georgia Uniform Deceptive
10-1-
Trade Practices Act, Ga. Code Ann.
et seq.;
(k).
et seq.
The Hawaii Uniform
and/or Hawaii Rev. Stat.
Deceptive Trade
480-1,
Practices Act, Haw. Rev. Stat.
et seq.;
(1).
The Idaho Consumer Protection Act, Idaho Code
(m).
The Illinois Consumer Fraud and
Stat. Ann.
505/1
481A-1,
48-601,
Deceptive Business
et seq.;
Practices Act, Ill.
Comp.
et seq.;
Deceptive
Consumer Sales
Act, hid. Code Ann.
24-5-0.5-1,
(n).
The Indiana
(o).
The Kansas Consumer Protection Act, Kan. Stat. Ann.
(p).
The
(q).
The Maine Unfair Trade Practices Act, Me. Rev. Stat. Ann. tit. 5,
et
seq.;
Kentucky
Consumer Protection Act,
seq.;
42
Ky. Rev.
Stat.
50-623,
et seq.;
367.110,
et seq;
205A,
et
7-
Document 1
Filed 07/28/14
Page
43 of 73
13-101,
Consumer Protection Act, Md. Corn. Law. Code Ann.
Maryland
(r).
The
(s).
The Massachusetts
43
PagelD
oc-q•5
Regulation
of Business Practice and Consumer Protection
Act, Mass. Gen. Laws Ann. Ch. 93A;
Consumer Protection
Act, Mich. Comp. Laws Arm
(t).
The
(u).
The Minnesota Prevention of Consumer Fraud Act, Minn. Stat. Arm.
(v).
The Missouri
(w).
The Nebraska Consumer Protection Act, Neb. Rev. Stat.
(x).
The Nevada Trade
Michigan
445-901,
et
seq.;
325F.68,
et seq.;
Merchandising Practices Act, Mo.
seq. and/or Nevada Rev. Stat.
(y).
A:1,
The New
Rev. Stat.
Regulation and Practices Act,
407.010,
59-1601,
et seq.;
et
seq.;
598.0903
Nev. Rev. Stat.
et
§41.600;
Hampshire
358-
Consumer Protection Act, N.H. Rev. Stat. Ann.,
et seq.;
56:8-1,
(z).
The New Jersey Consumer Fraud Act, N.J. Stat. Ann.
(aa).
The New Mexico Unfair Practices Act, N.M. Stat. Ann.,
(bb).
The New York General Business Law
(cc).
North Carolina, N.C. Gen. Stat.
75-1.1,
(dd).
North Dakota, N.D. Gen. Stat.
51-15-01,
(ee).
The Ohio Consumer Sales Practices Act, Ohio Rev. Code Ann.
(ff).
The Oklahoma Consumer Protection Act, Okla. Stat. Ann. tit. 15,
§349,
et
et seq.
57-12-1,
et seq.;
seq.;
et seq.;
et seq.;
1345.01,
et
seq.;
43
751,
et
seq.;
(gg).
The
(ill).
The
Oregon Unlawful Trade Practices Law, Or.
Pennsylvania
201-1,
Stat. Ann. tit. 73,
Page
Rev.
6-13.1-1,
(jj).
(kk).
Unfair Trade Practices and Consumer Protection Law, Pa.
37-24-1,
Deceptive Trade Practices
et seq.;
Deceptive
17.41,
and Consumer Protection Act, S.D.
Consumer Protection
Trade Practices
Act, Tex. Bus. &
et seq.;
The Vermont Consurner Fraud Act, Vt. Stat. Ann. tit. 9,
(mm).
West
(nn).
Wisconsin, Wisc. Stat.
(oo).
The
Virginia,
46A-6-101,
W.Va. Code
Ann.
2451,
et seq.;
et seq.;
§100.18; and
Wyoming Consumer Protection Act, Wyo.
Plaintiff and the Class have been
Defendant's violations of the state
consumer
injured
Stat.
as a
§40-12-101, et seq.
direct and
proximate
of Defendant's violations of the state
Count, in the amount of the full
To the extent
Plaintiff and the class
cost of purchasing 1
required
to state a
consumer
concerning
its
as a
protection laws
direct and
recited in this
Day Diet from Defendant.
claim under any statute listed in this Count,
reasonably relied on Defendant's misrepresentations,
statements, material omissions
result of
protection laws recited in this Count.
Plaintiff and the Class have suffered and incurred actual damages
proximate result
136.
646-605 et seq.;
Stat.,
(11).
135.
44
et seq.;
The Texas
Corn. Code Ann.
134.
PagelD
et seq.;
The South Dakota
Codified Laws Ann.
133.
44 of 73
The Rhode Island Unfair Trade Practices and Consumer Protection Act, R.I.
(ii).
Gen. Law
Filed 07/28/14
Document 1
marketing,
deceptive acts
44
and
unfair and
sale and distribution of 1
deceptive
Day Diet.
practices concerning its marketing, sale
and distribution of 1
137.
for
Filed 07/28/14
Document 1
45 of 73
Page
PagelD
45
Day Diet were knowing, willful and/or reckless.
are consumers
who purchased 1 Day Diet from Defendant
personal or family use.
138.
the state
consumer
139.
against Defendant pursuant to
Plaintiff and the Class seek damages, statutory damages,
an
injunction, restitution, disgorgement attorney's
appropriate legal
WCPA
entitled to pursue claims
protection laws recited in this Count.
punitive damages,
other
are
and
equitable
exemplary damages,
fees and costs, and all
relief and remedies for Defendant's violations of the
concerning its unlawful marketing,
Weight Loss
Products.
140.
Even
and the Classes' email addresses,
though possessing Plaintiff s
addresses and credit card information, when Amazon ceased
Products, it did
not
attempt
to contact
Plaintiff
detection of simbutramine in the Sibutramine
refund,
nor
Sibutramine
more
to
warn
Weight
or
selling
Sibutramine
Products,
nor
to
Weight
Loss
Products,
refer them to the FDA
or
and the Class of punitive
Loss
nor to
offer them
a
sibutratmine, the
about the risks associated with sibutramine, and the Sibutramine
These intentional and willful acts,
Weight
the Class to alert them of the FDA's
them of the serious health hazards associated with
Loss
mailing
Weight
Loss Products.
practices and omissions should result in an award to Plaintiff
damages.
45
Filed 07/28/14
Document 1
Page
46 of 73
PagelD
46
FIFTH CAUSE OF ACTION
BREACH OF IMPLIED WARRANTIES UNDER
62A.2-314 AND 62A.2-315
WASH. REV. CODE
141.
Plaintiff restates,
the
reference
re-alleges and incorporates by
foregoing
paragraphs.
142.
Defendant's unlawful acts
of Washington, Defendant's
143.
alleged herein were made
and conducted from the State
principal place of business.
Defendant marketed and sold the Sibutramine
Weight
Loss Products to Plaintiff
and the Class.
144.
the Class
Defendant's
marketing of the Sibutramine Weight
impliedly warranted
the
products
were
Loss Products to Plaintiff and
merchantable and fit for their ordinary
substances listed
purposes and did not contain any scheduled controlled
requiring a prescription from a licensed physician.
not
The Sibutramine
by
the FDA
as
were
merchantable and were not fit for their ordinary purposes.
145.
Defendant's marketing of the Sibutramine Weight Loss Products
warranted the
products
to
Plaintiff and
merchantable and could be sold by Defendant
the Class
impliedly
without
prescription issued to Plaintiff and Class members by a licensed physician.
a
146.
the Class
even
Defendant's
were
marketing of the Sibutramine Weight
impliedly warranted the products
were
though Defendant was not a licensed pharmacy.
147.
Defendant's
representations
implied
and
warranties
were
false, misleading, and
inaccurate, insofar that the Sibutramine Weight Loss Products did contain
controlled substance in the form of sibutramine.
46
a
scheduled
Defendant's
148.
Filed 07/28/14
Document 1
and
representations
Page
warranties
implied
were
inaccurate, insofar that the Sibutramine Weiuht Loss Products could
Plaintiff or the Class without
Defendant's
149.
a
dispensed by a non-licensed pharmacy
and
such
promised
Representations
"No Harm."
legally
be sold to
representations
The Defendant
47
PagelD
false, misleading and
not
implied
warranties
were
inaccurate, insofar that the Sibutramine Weight Loss Products could
150.
47 of 73
on
on
as
legally sold
or
Defendant.
the face of the container that 1
Weight
the other Sibutramine
claimed those
be
not
products would not
Day
Diet would do
Loss Products
harm.
containers,
Contrary
to those
packaging
or
inserts
promises,
as
determined by the FDA, the sibutramine contained in 1 Day Diet and the other
Sibutramine
threat to
and/or
Weight
consumers
similarly
because sibutramine is known to
to
the FDA, the
substantially
"[Piroduct
threatening
ways, with other medicines
Notification
about I
Day
Diet.
or
stroke. This
a consumer
may be
Specifically,
an
product may
a
of coronary artery
also interact, in life
taking." November 21,
FDA trial
poses
increase blood pressure
pulse rate and may present a significant risk for patients with a history
disease, congestive heart failure, arrhythmias,
Public
According
Loss Products is harmful.
cause
2013 FDA
study "demonstrated
a
16
non-fatal
percent increase in the risk of serious heart events, including non-fatal heart attack,
stroke, the need to be resuscitated
sibutramine
151.
once
stopped,
and death, in
compared to another given a placebo." October 8,
a
group of patients
product packaging.
The
promises
or
affirmations of fact made
promise of "No Harm" was false.
47
given
2010 FDA Press Release.
Defendant breached its warranty of merchantability since the Sibutramine
Loss Products did not conform to the
and
the heart
on
Weight
the containers
Document 1
152.
Filed 07/28/14
Page
said
implied
Plaintiff and the Class members did
Defendant concerning the sale of alp
gibutrannint..
rely
on
Weight
48 of 73
48
PagelD
warranties made
by
Products, includin2 the implied
Loss
warranty of merchantability.
153.
To the extent
reasonably
and the Class members
to state a
required
claim for breach of implied warranty, Plaintiff
relied upon the skill and
judgment of
Weight
Loss Products contained
whether the Sibutramine
Weight
Loss Products could be sold without
physician,
licensed
by Defendant while
Products
were
154.
Class, insofar
not
of merchantable
a
licensed
the Sibutramine
as
be sold without
insofar
as
it contained
As
a
a
implied
Weight
prescription
sibutramine,
direct and
pharmacy
prescription
a
a
dispensed
Loss Products could be sold and
and whether the Sibutramine
from
Weight
Loss
quality.
Defendant breached its
legally
155.
being
Weight
as to
scheduled controlled substance,
a
Defendant
a
warranties made and owed to Plaintiff and the
Loss Products
and could be
were
not
fit for sale and could not
dispensed only by
a
licensed
pharmacy
scheduled controlled substance.
proximate
result of Defendant's breach of
implied warranties,
Plaintiff and the Class members suffered economic loss and actual harm in the amount of their
fall
purchase price
of the Sibutramine
Weight
Loss Products from Defendant. The I
product received by Plaintiff from Defendant was
156.
Defendant's breach of its
the Sibutramine
Weight
Washington State
157.
as
Day
Diet
worthless.
implied warranties concerning the marketing
Loss Products violated the Uniform Commercial
and sale of
Code, codified in
Wash. Rev. Code Section 62A.2-314.
48
the
marketing
and sale
Document 1
Weight
of the Sibutramine
Wasgton
158.
1-ntp.
an
Page
49 of 73
Wadi RPV Cruie
Plaintiff
disgorgement,
equitable
9, Q
Filed 07/28/14
and
the
Code, codified in
Section 62A.2-315.
Class
injunction, attorney's
relief and remedies to
49
PagelD
seek
damages,
statutory
remedy Defendant's violations
62A.2-314 and 62A.2-315.
49
damages,
restitution,
appropriate legal
and
of Wash. Rev. Code Sections
Filed 07/28/14
Document 1
Page
50 of 73
50
PagelD
SIXTH CAUSE OF ACTION
BREACH
159.
rAF
IMPLIED Wenri ANTIFS INSTATES ADDITIONAL TO WASHINGTON
Plaintiff restates, re-alleges and incorporates by reference the
foregoing
paragraphs.
160.
provide
do not
In the event that the Wash. Rev. Code Sections 62A.2-314 and 62A.2-315
redress
to
Plaintiff and all Class members' breach of
Defendant, the following alternative
providing claims
Class based
on
state laws based
for breach of implied warranties
Defendant's
provide
a
sale of the other Sibutramine
licensed pharmacy and/or
on
Weight
as not
implied warranty
the Uniform Commercial Code
the
a
merchantability, marketing and
prescription,
containing a controlled substance
while not
(b).
Alaska, Alaska State.
(c).
Arizona, Ariz. Rev. Stat. Ann.
(d).
Arkansas, Ark. Code Ann.
(e).
California, Cal. Comm. Code
(f).
Colorado, Colo. Rev. Stat.
(g).
Connecticut,
(h).
Delaware, Del. Code Ann. tit. 6,
(i).
District of Columbia, D.C. Code Ann.
(j).
Florida, Fla. Stat.
(k).
Georgia,
45.02.314 and 45.02.315;
47-2314 and 47-2315;
7-2-314 7-2-315;
2314 and 2315;
4-2-314 and 4-2-315;
Conn. Gen. Stat.
Ann.
Ga. Code Ann.
42a-2-314 and 42a-2-315;
2-314 and 2-315;
28:2-314 and 28:2-315;
672.314 and 672.315;
11-2-314and 11-2-315;
50
being
in the form of sibutramine:
7-2-314 and 7-2-315;
Alabama, Ala. Code
against
basis for redress to Plaintiff and the
Loss Products without
(a).
claims
a
Document 1
Filed 07/28/14
51 of 73
PagelD
490:2-314 and 490:2-315;
Rev. Stat.
(1).
Hawaii, Haw.
(rn).
Idaho, Idahn rink
(n).
Illinois, 810 III. Cornp. Stat. Ann.
(o).
Indiana, Ind. Code Ann.
(p).
Iowa, Iowa Code
(q).
Kansas, Kan. Stat. Ann.
(r).
Kentucky, Ky.
(s).
Louisiana, La. Civ. Code Arm. Art. 2524;
98-7-314 and 28-2-315;
5/2-314 and 5/2-315;
26-1-2-314 and 26-1-2-315;
554.2314 and 554.2315;
84-2-314 and 84-2-315;
355.2-314 and 355.2-315;
Rev. Stat.
2-314 and 2-315;
(t).
Maine, Me. Rev. Stat. Ann.
(u).
Maryland, Md.
(v).
Massachusetts, Mass. Gen. Laws Ann. Ch. 106
(w).
Michigan, Mich. Comp.
(x).
Minnesota, Minn. Stat. Ann.
(y).
Mississippi, Miss.
(z).
Missouri, Mo.
2-314 and 2-315;
Com. Law. Code Ann.
75-2-314 and 75-2-315;
400.2-314 and 400.2-315;
Rev. Stat.
Stat.
2-315;
336.2-314 and 336.2-315;
Code Ann.
(bb). Nebraska, Neb. Rev.
2-314 and
440.2314 and 440.2315;
Laws Ann
30-2-314 and 30-2-315;
(aa). Montana, Mont. Code Ann.
(cc). Nevada, Nev.
Page
§§2-314 and 2-315;
Rev. Stat.
104.2314 and 104.2315;
Rev. Stat.
(dd).
New
Hampshire, N.H.
(ee).
New
Jersey, N.J.
(ff).
New
Mexico, N.M. Stat. Ann.,
(gg).
New
York, N.Y. U.C.C.
Ann.,
382-A:2-314 and 382-A:2-315;
12A:2-314 and 12A:2-315;
Stat. Ann.
55-2-314 and
2-314 and 2-315;
51
55-2-315;
51
(hh).
North Carolina, N.C. Gen. Stat.
r;;\
North Daknta
(jj).
Ohio, Ohio Rev. Code Atm.
(kk). Oklahoma,
(11).
Oregon,
Filed 07/28/14
Document 1
Page
1302.27 and 1302.28;
2-314 and 2-315;
72.8020 and 72.8030;
Or. Rev. Stat.
2314 and
2315;
(mm). Pennsylvania,
Pa. Stat. Ann. tit.
13,
(nn). Rhode Island,
RI. Gen. Law
6A-2-314 and 6A-2-315;
(qq). Tennessee,
36-2-314 and 36-2-315;
S.C. Code Ann.
Ann.§§ 47-2-314
(rr).
Texas, Tex. Bus. & Corn. Code Ann.
(ss).
Utah, Ut. Code Ann.
(tt).
Vermont, Vt. Stat. Ann. tit. 9,
(uu). Virginia, Va.
(vv).
West
(ww). Wisconsin,
Wis. Stat. Ann.
Stat.
Defendant marketed, sold and
162.
Defendant's
the Class
and§ 8.2-315;
46-2-314 and 46-2-315;
402.314
and
§402.314; and
34.1-2-314 and 34.1-2-315.
161.
marketing
2.314 and 2.315;
314 and 315;
8.2-314
W. Va. Code
(xx). Wyoming, Wyo.
and 47-2-315;
70A-2-314 and 70A-2-315;
Code Ann.
Virginia,
57A-2-314 and 57A-2-315;
S.D. Codified Laws Ann.
Tenn. Code.
dispensed 1 Day Diet to Plaintiff and the Class.
of the Sibutramine
Weight
impliedly warranted the product was merchantable and did not contain
substances listed
163.
52
25-2-314 and 25-2-315;
Okla. Stat. Ann. tit. 12A,
(pp). South Dakota,
PagelD
Stat 88 41-02-31 and 41-02-32.
N D Gen
(oo). South Carolina,
52 of 73
any controlled
by the FDA as requiring a prescription from a licensed physician.
Defendant's
marketing
of the Sibutrarnine
52
Weight
warranted the
product
the Class
impliedly
without
preseriptitm issued to Plnintiff and
a
164.
marketing of
Defendant's
Defendant's
inaccurate, insofar
as
Page
ciAss members
the
representations
a
products
Weight
were
Loss Products to
merchantable and could be sold
licensed pharmacy.
and
53
PagelD
by a licensed physician.
not
53 of 73
was
impliedly warranted
by Defendant even though Defendant was
165.
Filed 07/28/14
Document 1
implied
Weight
warranties
were
Loss Products did contain
a
controlled
substance in the form of sibutramine.
166.
representations
Defendant's
and
implied warranties
were
inaccurate, insofar that the other Sibutramine Weight Loss Products could
Plaintiff or the Class without
167.
Defendant's
a
not be sold to
representations
implied
and
warranties
were
inaccurate, insofar as the Sibutramine Weight Loss Products could not be sold or dispensed by
non-licensed pharmacy such
168.
of the
Defendant.
required
To the extent
and the Class members did
sale
as
rely
Sibutramine
a
on
claim for breach of
to state a
the
implied warranties
Loss
Weight
made
implied warranty, Plaintiff
by Defendant concerning
the
Products, including the implied warranty of
merchantability.
169.
To the extent
and the Class members
required
reasonably
to state a
claim for breach of implied warranty, Plaintiff
relied upon the skill and
judgment
Weight
Loss Products contained
Weight
Loss Products could be sold without
53
as
to
scheduled controlled substance,
a
of Defendant
a
prescription
from
a
licensed
Page
physician, whether the Sibutramine Weight Loss Products
being
by Defendant
while not
Products
of merchantable
were
as
a
the Sibutramine
sold without
a
As
a
a
54 of 73
54
PagelD
could be sold and
and whether the Sibutramine
dispensed
Weight
Loss
quality.
Weight
implied warranties
Loss Products
were
made and owed to Plaintiff and the
not
prescription and could be dispensed only by
contained sibutramine,
171.
phnrmncy
licenQPd
Defendant breached its
170.
Class,
Filed 07/28/14
Document 1
fit for sale and could not
a
licensed
legally
pharmacy insofar
as
be
they
scheduled controlled substance.
direct and
result of Defendant's breach of
proximate
implied warranties,
of their
Plaintiff and the Class members suffered economic loss and actual harm in the amount
full
purchase price of the Sibutramine Weight Loss Products
172.
The Sibutramine
from Defendant
173.
were
Weight
from Defendant.
Loss Products Plaintiff and Class members
worthless for its intended and
implied
ordinary
purchased
purpose.
warranties concerning the marketing and sale
of the Sibutramine Weight Loss Products violated the Uniform Commercial Code, codified by
the state laws recited in this Count.
174.
of the Sibutramine
Weight
the
marketing
and sale
Code, codified by
the state laws recited in this Count.
175.
disgorgement,
equitable
Plaintiff
an
and
the
Class
injunction, attorney's
relief and remedies to
seek
damages,
statutory
Count.
54
damages, restitution,
appropriate legal
and
of the state laws recited in this
Filed 07/28/14
Document 1
55 of 73
Page
55
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff,
on
similarly situated,
prays for
class action under FED. R. Qv. P.
23, and
behalf of himself and all others
judgment against Defendant as follows:
certifying this
An order
A.
case as a
appointing Plaintiff and his counsel to represent the classes;
An order
B.
declaring
violations of the Consumer Product
and regulations
C.
remedy Defendant's
To
Act
Commission rules and
products
child resistant
E.
An order
declaring
injunction enjoining
Safety
and the Commission's
packaging
over
the Internet without
procedures to ensure
as
a
that the
well
as
an
appropriate relief and remedies;
that Defendant's
alleged
acts and
practices caused
it to
unjust enrichment paid by Plaintiff and the Class;
To
remedy Defendant's unjust enrichment,
purchase price(s)
handling,
an
Safety Commission Rules,
Defendant to Plaintiff and the Class, individually and
full
Class
Defendant to establish reasonable
award of attorneys' fees and costs, and all other
an
regulations promulgated by the
of controlled substances
it sells conform to all Consumer Product
D.
of Defendant's violations of the rules
that do not conform to the Consumer Product
prescription and requiring
receive
reason
violation of the rules and
regulations prohibiting the selling
rules and
by
practices constitute
and
acts
Safety Commission, awarding Plaintiff and the
Defendant from selling
products
Safety
alleged
promulgated by the Consumer Product Safety Commission;
Consumer Product
valid
that Defendant's
taxes
of the Sibutramine
and related costs
Weight
paid by
an
order
requiring
restitution
by
in
amount
comprising
the
collectively,
Loss Products
an
together
with all
Plaintiff and the Class to Defendant;
55
shipping,
an
order
Filed 07/28/14
Document 1
Page
56 of 73
PagelD
and collectively,
requiring Defendant to disgorge to Plaintiff and the Class, individually
56
the full
with all shipping, handling,
purchase price(s) of the Sibutri-iP. Weight Loss Products together
taxes
paid by
and related costs
Plaintiff and the Class to Defendant,
along with
an
award of
the full purchase price(s) of
attorneys' fees, costs, and the imposition of a constructive trust over
the Sibutramine
costs
Loss Products
Weight
together
with all
paid by Plaintiff and the Class to Defendant,
An order
F.
declaring
Washington
violations of the
shipping, handling,
and all other
appropriate relief and remedies;
alleged
that Defendant's
taxes and related
or
and
acts
alternately the
state consumer
protection laws recited in Plaintiff s Fourth Cause of Action;
To
G.
or
an
alternately,
the state
consumer
awarding Plaintiff
order
punitive damages,
an
protection
and the Class
of the
Washington
laws recited in Plaintiff's Fourth Cause of Action,
damages, statutory damages, exemplary damages,
injunction, restitution, disgorgement,
constructive trust, attorney's fees,
costs, and all other appropriate legal and equitable relief and remedies;
An order
H.
declaring
breaches its
implied warranties
Washington
as
that Defendant's
alleged
acts
and
and violated of the Uniform Commercial Code codified in
Wash. Rev. Code Sections 62A2-314 and 62A.2-315,
or
alternately
the state
implied warranty laws recited in Plaintiff's Sixth Cause of Action;
To
I.
62A.2-315,
Action,
an
or
remedy
alternately
order
Defendant's violations of Wash. Rev. Code Sections 62A.2-314 and
the state
implied warranty
awarding Plaintiff and
the Class
laws recited in Plaintiff's Sixth Cause of
damages, statutory damages,
an
injunction,
all other appropriate
restitution, disgorgement, constructive trust, attorney's fees, costs, and
56
Filed 07/28/14
Document 1
Page
57 of 73
PagelD
legal and equitable relief and remedies;
Pre-judgment and post-judgment interest to fullest extent permitted by law;
K.
All such other relief as this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury for all claims
DATED:
July 28,
to the extent
authorized
by law.
2014
TUSA P.C.
/s/ Josesh S. Tusa
Joseph S. Tusa
P.O. Box 566
53345 Main Road, Ste. 10-1
Southold, NY 11971
Tel. (631) 407-5100
[email protected]
LOWEY DANNENBERG COHEN
& HART, P.C.
Peter D. St. Phillip, Jr.
Scott V. Papp
One North Broadway, Suite 509
White Plains, NY 10601
Tel.
(914) 997-0500
[email protected]
GREGORY S. DUNCAN, ESQ.
Gregory Duncan (pro hac vice pending)
412 East Jefferson Street
Charlottesville, VA 22902
Tel.
(434) 979-8556
[email protected]
BLOOD HURST & O'REARDON, LLP
Timothy G. Blood (pro hac vice pending)
Paula M. Roach (pro hac vice pending)
701 B Street, Ste. 1700
San Diego, CA 92101
Tel. (619) 338-1100
[email protected]
[email protected]
57
and
57
Document 1
Filed 07/28/14
EXHIBIT A
Page
58 of 73
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58
Home
Drugs
Document 1
Resources for You Information for Consumers
Filed 07/28/14
(Drugs). Buying
Page
a Usirm Medicine
59 of 73
59
PagelD
Safely
Drugs
Tainted We, -h+ Loss Dre'rlurIc
For more medication health fraud
topics, please
Medication Health
see our
Fraud'
page.
YouTube
Being FoNed by Ernpty Dret Pram::
414i
11111.
/IN
erf
thoo
as dietary
FDA has identified an emerging trend where over-the-counter products, frequently represented
take products
Consumers
unknowingly
harmful.
could
be
that
may
supplements, contain hidden active ingredients
untested and
laced with varying quantities of approved prescription drug ingredients, controlled substances, and
are
unstudied pharmaceutically active ingredients. These deceptive products can harm you! Hidden ingredients
loss.
for
in
weight
a
products promoted
increasingly becoming problem
Remember,
FDA cannot test all
products
on
the market that contain
potentially
harmful hidden ingredients. Enforcement actions and consumer advisories for
tainted products only cover a small fraction of the tainted over-the-counter products
on
the market.
Public Notifications
2
Slimming Contains Hidden Drug Ingredients
3
07/08/2014 Public Notification: Lingzhi Cleansed Slim Tea Contains Hidden Drug Ingredient
4
07/08/2014 Public Notification: 24 Ince Contains Hidden Drug Ingredient
5
07/08/2014 Public Notification: Lipo 8 Burn Slim Capsules Contain Hidden Drug Ingredient
Hidden Drug Ingredient
07/08/2014 Public Notification: Sliming (sic) Diet By Pretty White Contains
07/08/2014 Public Notification:
Mix Fruit
07/08/2014 Public Notification: Trim-Fast Slimming Softgel Contains Hidden Drug Ingredient
8
06/17/2014 Public Notification: Sport Burner Contains Hidden Drug Ingredient
06/17/2014 Public Notification: Toxin Discharged Tea Contains Hidden Drug Ingredient
06/17/2014 Public Notification: Sliming Diet
Contains Hidden
Drug Ingredient
La Jiao Shou Shen Contains Hidden
06/05/2014 Public Notification: B-Perfect
Contains Hidden
Asset Bold Contains Hidden
Asset Bee Pollen Contains Hidden
/1
12
Drug Ingredient
10
Drug Ingredient
Drug Ingredient
9
13
Drug Ingredient
14
05/05/2014 Public Notification: Natural Body Solution Contains Hidden Drug Ingredient
U Contains Hidden
Drug Ingredient
16
Lite Fit USA Contains Hidden
Drug Ingredient
17
05/05/2014 Public Notification: Slim Trim
18
04/10/2014 Public Notification: Infinity Contains Hidden Drug Ingredient
19
04/02/2014 Public Notification: New You Contains Hidden Drug Ingredients
03/19/2014 Public Notification: Vitaccino Coffee Contains Hidden Drug Ingredient
20
15
7
6
Document 1
Filed 07/28/14
Citrus Fit Gold Contains Hidden
01/28/2014 Public Notification: Tonic
01/28/2014 Public Notification: Hot
Life BP Contains Hidden
Detox Contains Hidden
60 of 73
Page
Drug Ingredient
21
22
Drug Ingredient
Drug Ingredient
60
PagelD
23
24
01/28/2014 Public Notification: Thinogenics Contains Hidden Drug Ingredient
01/21/2014 Public Notification: Dream Body Slimming Capsule Contains Hidden Drug Ingredient
26
01/21/2014 Public Notification: Magic Slim Contnins Hidden Drug Inaredient
12/19/2013 Public Notification: Meizitang Citrus Contains Hidden Drug Ingredients
12/19/2013 Public Notification: Asset
7
27
Extreme Plus Contains Hidden
Drug Ingredients
Contains Hidden
Drug Ingredients
Days Herbal Slim
28
29
12/19/2013 Public Notification: Dr. Ming's Chinese Capsule Contains Hidden Drug Ingredients
31
12/19/2013 Public Notification: Slim Easy Herbs Capsule Contains Hidden Drug Ingredients
30
12/19/2013 Public Notification: Sliming (sic) Diet Berry Plus Contains Hidden Drug Ingredients
33
12/19/2013 Public Notification: Asset Extreme Contains Hidden Drug Ingredients
11/21/2013 Public Notification: "Slim Extra Herbal Capsules" Contains Hidden Drug Ingredient
35
11/21/2013 Pubiic Notification: Diet Master Contains Hidden Drug Ingredients
11/21/2013 Public Notification: Super Slim Contains Hidden Drug Ingredients
11/21/2013 Public Notification: "1 Day Diet" Contains Hidden Drug Ingredient
25
32
34
36
37
11/21/2013 Public Notification: Body Beauty 5 Days Slimming Coffee Contains
39
11/20/2013 Public Notification: Slim Max Contains Hidden Drug Ingredients
38
40
hidden drug ingredients
11/07/2013 Public Notification: Jimpness Beauty Fat Loss Capsules contain
41
Hidden Drug Ingredients
11/05/2013 Public Notification: Goodliness Fat-Reducing Capsules Contain
Vi Arnp'd Up" Contain Hidden Drug
10/10/2013 Public Notification: "Bella Vi Insane Amp'd" and "Bella
Ingredients
42
43
10/10/2013 Public Notification: "Be Inspired" Contains Hidden Drug Ingredients
44
10/10/2013 Public Notification: "Dr. Mao Slimming Capsules" Contain Hidden Drug Ingredient
7" Contain Hidden Drug Ingredient
10/10/2013 Public Notification: "Perfect Body Solutions" and "Burn
09/17/2013 Public Notification: "Instant Slim" Also Known as "a:Film wwmvtgEva"
46
Xiang Xing Jian Fei Jiao Nang" Contains Hidden Drug Ingredient
47
06/27/2013 Public Notification: "Meizi Evolution" Contains Hidden Drug Ingredient
06/27/2013 Public Notification: "Strawberry Balance"
Contains Hidden
or
Drug Ingredient
"Shou Fu Ti Tun Guo
48
Hiddent Drug Ingredient
06/17/2013 Public Notification: "Fruit and Plant Slimming" Contains
50
06/17/2013 Public Notification: "Paiyouji Plus" Contains Hidden Drug Ingredient
06/17/2013 Public Notification: "Extreme Body Slim"
Contains Hidden
Drug Ingredient
06/17/2013 Public Notification: "Fat Zero" Contains Hidden Drug Ingredient
45
49
51
52
53
06/10/2013 Public Notification: "Bethel 30" Contains Hidden Drug Ingredient
06/10/2013 Public Notification: "XIYOUJI QINGZHI CAPSULE" Contains
54
Contains Hidden Drug Ingredient
04/03/2013 Public Notification: "MAXILOSS Weight Advanced Blue"
56
01/08/2013 Public Notification: "MAXILOSS Weight Advanced" Contains
55
57
12/20/2012 Public Notification: "SLIMDIA Revolution" Contains
Coffee Contains Hidden Drug
11/08/2012 Public Notification: Best Share Green Coffee: Brazilian Slimming
Ingredient
58
Pills Contains Hidden Drug Ingredient
11/08/2012 Public Notification: Japan Hokkaido Slimming Weight Loss
6°
11/08/2012 Public Notification: Beautiful Slim Body Contains Hidden Drug Ingredients
Contains Hidden Drug Ingredient
10/24/2012 Public Notification: "Ultimate Formula Bee Pollen Capsules"
61
59
Filed 07/28/14
Document 1
"Zi Xiu Tang Bee Pollen
Capsules"
61 of 73
Page
Contains Hidden Drug
10/04/2012 Public Notification: "Tianji True Slim" Contains Hidden Drug Ingredient
02/18/2012 Public Notification: "Japan Weight
10/18/2011 Public
Ingredient
62
63
Diet Pills Yellow" Contains Hidden
Drug Ingredient
64
Loss Diet Pills Green" Contains Hidden
Drug Ingredient
65
04/03/2012 Public Notification: "Japan Rapid Weight Loss
04/03/2012 Public Notification: "Japan Rapid Weight
61
PagelD
Loss Blue" Contains Undeclared
Nr, tifirAtion: "SlendPr Slim 11" Contains Undeclared
Drug Ingredient
Drug Ingredient
66
67
68
10/17/2011 Public Notification: "Advanced Slim 5" Contains Undeclared Drug Ingredient
Undeclared Drug Ingredient
10/18/2011 Public Notification: "A-Slim 100% Natural Slimming Capsule" Contains
69
70
10/18/2011 Public Notification: "Dream Body Slimming Capsule" Contains Undeclared Drug Ingredient
Contains Undeclared Drug
10/18/2011 Public Notification: "Ja Dera 100% Natural Weight Loss Supplement"
71
Ingredient
Undeclared Drug Ingredient 72
10/18/2011 Public Notification: "Leisure 18 Slimming Coffee" Contains
10/18/2011 Public Notification: "Lishou" Contains Undeclared Drug Ingredient
73
74
10/18/2011 Public Notification: "Magic Slim Tea" Contains Undeclared Drug Ingredient
10/18/2011 Public Notification: "Magic Slim Weight Reduction Capsule" Contains
75
76
10/18/2011 Public Notification: "P57 Hoodia" Contains Undeclared Drug Ingredient
10/18/2011 Public Notification: "PhentraBurn Slimming Capsules" Contains
10/18/2011 Public Notification: "Sheng
Yuan
Fang"
Contains Undeclared Drug
Ingredient
10/18/2011 Public Notification: "Tengda" Contains Undeclared Drug Ingredient
77
78
79
10/18/2011 Public Notification: "Acai Berry Soft Gel ABC" Contains
81
10/18/2011 Public Notification: "Botanical Slimming" Contains Undeclared Drug Ingredient
80
82
10/18/2011 Public Notificaiton: "DaiDaiHuaJiaoNang" Contains Undeclared Drug Ingredient
10/18/2011 Public Notification: "Fruit Plant Lossing Fat Capsule" Contains
10/18/2011 Public Notification: "Health Slimming Coffee" Contains Undeclared Drug Ingredient
85
10/18/2011 Public Notification: "Lose Weight Coffee" Contains Undeclared Drug Ingredient
83
84
86
10/18/2011 Public Notification: "Pai You Guo Slim Tea" Contains Undeclared Drug Ingredient
and Botanical
07/08/2011 Public Notification: "Slim Forte Slimming Capsules, "Slim Forte Slimming Coffee,
87
Slimming Soft Gel" Contain Undeclared Drug Ingredient
Public Notification: "Slim Forte Slimming Capsule" and "Slim Forte Double Power Slimming
07/08/2011
Capsules"
Contain Undeclared Drug
Ingredient
05/10/2011 Public Notification: "Slim
88
Xtreme Herbal
Slimming Capsule" Contains Undeclared Drug Ingredient
01/12/2011 Public Notification: "Celerite Slimming Capsules" Contains
12/30/2010
FDA warns consumers not to
10/08/2010
07/08/2010
FDA:
FDA
use
Fruta Planta
Fruta Planta Contains
Potentially harmful stimulant found
Public Health Alert: Que She Weight
91
in
Loss
Capsules
[ARCHIVED]
93
[ARCHIVED]
Potentially Harmful Ingredients
[ARCHIVED]
Two Arrested for
Illegally Trafficking Counterfeit Weight
01/25/2010 Warning: Counterfeit Al li
You Tube FDA Counterfeit Al li Video
96
95
Loss Medication
[ARCHIVED]
976498
99
[ARCHIVED]
12/01/2009 FDA's MedWatch Safety Alerts: November 2009
Loss Products
Questions and Answers about FDA's Initiative Against Contaminated Weight
Warning
on
Dietary Supplement "Venom Hyperdrive 3.0"
1°1
90
92
Slimming Beauty capsules
Contain
8
94
12/22/2008 FDA Expands Warning
01/27/2009 FDA
Filed 07/28/14
Document 1
to Consumers About Tainted
Warns Consumers
Weight
Page
Loss Pills
62 of 73
1132
PagelD
62
[ARCHIVED]
1°3
Against Dietary Supplement Containing Undeclared Drug
[ARCHIVED]
Enforcement
FDA Issues
Warning
Letters for
Drugs Promoted in Fat Elimination Procedure104 [ARCHIVED]
Illegally Trffirking rnlintPrfeit Weight
Healthy Body Forero Warning Letter108
Two Arrested for
Platinum Strategies, Inc.
I oss
Medication105
Warning Letter107
Recalls
Globe All Wellness, LLC Recalls Dietary
Supplement
Found to Contain
an
Drug
Undeclared
Ingredient108
[ARCHIVED]
Shaping Beauty,
Inc. Recalls
Weight
Loss Tea Found to Contain an Undeclared
Svelte 30 Nutritional Consultants Recall
Weight
Loss Pills Found to Contain
an
Drug
Ingredient109 [ARCHIVED]
Ingredient110
Undeclared Drug
[ARCHIVED]
Shaping Beauty,
Godi
Inc. Recalls
Weight
Ingredient111 [ARCHIVED]
Dietary Supplement112
Loss Pills Found to Contain an Undeclared
International, Corp. Recalls Reduce Weight
Fruta
Planta/Reduce Weight
Drug
[ARCHIVED]
Fruta
Marketing, LLC Recalls All weight loss formulas and variation of formulas of Reduce Weight
Planta/Reduce Weight Dietary Supplement113 [ARCHIVED]
Found to Contain
3 & H Besta Expands Nationwide Recall of Slim- 30 Herb Supplement to Include Lot 6032101
an Undeclared Drug Ingredient114 [ARCHIVED]
PRock
Solo Slim, Solo Slim Extra
Strength Recall
EZVille, Ltd. Recalls Solo Slim®
116
115
[ARCHIVED]
[ARCHIVED]
117
[ARCHIVED]
Joyful Slim Herb Supplement Recall
J & H Besta Corp. Issues a Voluntary Nationwide Recall of SlimUndeclared Drug Ingredient118 [ARCHIVED]
30 Herb
Supplement Found
to Contain an
Supplement Recall119 [ARCHIVED]
GMP Herbal Products, Inc. Recalls a Weight Loss Supplement Found to Contain Undeclared Drug Ingredients120
[ARCHIVED]
Weight'Loss Products Recalled by Young You Corporation121 [ARCHIVED]
Universal ABC Beauty Supply International, Inc. Issues a Recall of Dietary Supplement Products Found to
Contain an Undeclared Drug Ingredient122 [ARCHIVED]
123
[ARCHIVED]
Balanced Health Products, Inc. Expands Recall of Starcaps Dietary Supplement Capsules
Slim- 30 Herb
Fashion Sanctuary Recalls All Lots of Zhen De Shou Fat Loss
Last Updated: 07/09/2014
Note: If you need help accessing information in different file
Page
Players.
Accessibility
formats,
see
Contact FDA Careers FDA Basics FOIA No Fear Act Site
U.S. Food and Drug Administration
10903 New Hampshire Avenue
Silver Spring, MD 20993
Ph. 1-888-INFO-FDA (1-888-463-6332)
Email FDA
ulz...-N4gszi,
Capsules
LI D 11
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124
[ARCHIVED]
Instructions for
Downloading Viewers and
Map Transparency Website Policies
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Filed 07/28/14
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Advisory Committees Science & Research Regulatory Information Safety Emergency
Education Inspections/Complianc€
Preparedness International Programs News & Events Training and Continuing
Combination Products
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/Drugs/ResourcesForYou/Consurners/Buyin9Us1n9Med1c1neSafely/Medicati0ni-lealthFraudiucrn276157.htm
/Drugs/ResourcesForYou/Consumers/BuYingUsingMedidneSafely/MedicationHealthFraud/ucm239884.htm
91.
/NewsEvents/Newsrporn/PressAnnouncements/2010/ucm238491.htm
92.
/Drugs/ResourcesForYou/Consumers/BuyinglisingMedicineSafely/MedicationHealthFraudiucm237980.htm
86.
87.
88.
89.
93.
94.
/NewsEvents/Newsroom/PressAnnouneements/2010/mm228801.htm
/NewsEvents/Newsroom/PressAnnouncements/2010/ucm218427.htm
96.
/ICECl/CriminalInvestigationshiem206314.htm
/ForConsumers/ConsumerUpdates/ucm198557.htm
97.
hap://www.youtube.com/WatchN=Ukgxr4VNtKk&feature=player_embedded#
98.
/AboutFDA/AboutThisWebsite/WebsitePolicies/Disclaimers/default.htm
99.
/ForConsurners/ConsumerUpdates/ucm192103.htm
95.
100.
/Drugs/ResourcesForyou/Consumers/QuestionsAnswers/ucm136187.htm
101.
http://www.accessdata.fda.goy/psn/printer.cfm?1d=974
102.
/NewsEvents/Newsroarn/PressAnnouncements/2008/ucm116998.htrn
/NewsEvents/Newsroom/PressAnnouncements/2009/ucm109071.htm
/NewsEvents/NeWsroom/PressAnnouncements/2010/ucm207453.htm
103.
104.
.105.
/ICECl/CriminalInvestigations/ucm206314.htm
107.
ACECl/EnforcementActions/Warnin9Letter5/2010/ucm206059.htm
/ICECl/EnforcementActions/WarningLetters/2009/ucm189570.htm
108.
/Safety/Recalisfucm256649.htm
109.
112.
/Safety/Recalls/ucm248388.htm
/Safety/Recalis/ucm241835.htm
113.
/Safety/Recalls/ArchiveRecalls/2010/ucm238495.htm
106.
110,
111.
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66 of 73
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114.
/Safety/Recalis/ArchiveReca1ls/2010/ucm223141.htm
115.
/Safety/MedWatch/SafetyInformation/SafetYAlert5f0rHurnanMedicalPr0ducts/ucm221695.htm
116.
/Safety/Recalls/ArchiveRecails/2010/ucm221660.htm
117.
/Safety/MedWatch/SafetyInformation/SafetyAlertsforFlumanMedicalProducts/ucm219983.htm
118.
/Safety/Recalls/ArchiveRecalls/2010/txm219449.htm
119.
/Safety/1edWatch/SafetyInformati0m/SafetyAlensf0rHumanMedicalProductstucm219463.htm
120.
121.
/Safety/MedWatch/SafetyInformation/5afetyA1ertsf0rhiumanMedical1roducts/ucm172527.htm
122.
123.
124.
/safety/Recalls/ArchiveRecalis/2008/Licm112539.htrn
66
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67
Document 1
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Archived Content
The content on this page is provided for reference purposes
been altered or updated since it was archived.
only.
This content has not
Search Archive
Home3
News a
Events4 Newsroom5
Press
Announcements6
News & Events
FDA NEWS RELEASE
This press release
was
revised
on
January 8, 2009
to include
updated
information.
Media
Inquiries:
Chappelle, 240-753-8603
Consumer Inquiries:
Rita
FOR IMMEDIATE RELEASE
December 22, 2008
888-INFO-FDA
FDA Expands Warning to Consumers About Tainted Weight Loss Pills
List increases from 28 to 69 products; Agency seeking recalls
consumers about tainted weight loss
The U.S. Food and Drug Administration is expanding its nationwide alert to
December
22, 2008, FDA warned consumers
On
pills that contain undeclared, active pharmaceutical ingredients.
that time, FDA analysis has
loss.
Since
for
marketed
different
weight
products
not to purchase or consume 28
risk.
at
health
consumers'
that
loss
may
tainted
put
more
identified 41
products
weight
Fat loss Slimming
Japan Lingzhi 24 Hours Diet
7 Day Herbal Slim
The tainted
are:
2
Day
Diet
Slimming Power
Day Diet
3x
5x Imelda Perfect Slimming
3
999 Fitness Essence
Imelda Perfect Slim
8 Factor Diet
Extrim Plus
Lida DaiDaihua
GMP
Miaozi Slim
Perfect Slim
Perfect Slim 5x
Pro Slim Plus
Royal Slimming Formula
Slim
Express 360
Slimtech
Venom Hyperdrive 3.0
Slim Waist Formula
Triple Slim
Starcaps
Slim Up
Slim Fast
Reduce Weihgt
Super
Superslim
Sena Plus
Waist Strength Formula
2x Powerful Slimming
Fat Burner
Trim 2 Plus
Slimming Formula
Slim 3 in 1 Slim Formula
Slim Burn
Slim 3 in 1 Extra Slim Formula
Formula
Waist
Slim
Extra
in
1
Slim 3
Miaozi MeiMiaoQianZiJiaoNang
Advance
Slim
Diet
2 Day
JM
Fat Reducer
Mei li
Plus 24 Hour Reburn
Extrim
7 Days Diet
Slimming
Body
Cosmo Slim
Body Creator
21 Double Slim
BioEmagrecin
Eight
Factor Diet
7 Diet
Day/Night Formula
Capsules
Phyto Shape
Slim 3 in 1
Somotrim
Zhen de Shou
Slim Waistline
Sliminate
Slim Express 4 in 1
Super Slimming
Powerful Slim
Perfect Slim Up
Slim 3 in 1 M18
Royal
Diet
Natural Model
Meizitang
Imelda Fat Reducer
Fasting Diet
Body Shaping
Days Fit
3
7 Diet
in some of these products include
analysis found that the undeclared active pharmaceutical ingredients
in the United States),
for
not
marketing
rimonabant
approved
(a drug
sibutramine (a controlled substance),
and a
chemical
in
used
solution
experiments
(a
anti-seizure
medication), phenolphthalein
phenytoin (an
of
active
the
amounts
of
Some
pharmaceutical
suspected cancer causing agent) and bumetanide (a diuretic).
health at risk.
ingredients far exceeded the FDA-recommended levels, putting consumers'
are promoted and sold on
These weight loss products, some of which are marketed as "dietary supplements,
An FDA
Document 1
Filed 07/28/14
Page
69 of 73
69
PagelD
claim to be "natural" or to contain only
various Web sites and in some retail stores. Some of the products
not listed on the product labels or in
harmful
ingredients
contain
potentially
"herbal" ingredients, but actually
the FDA, are illegal and may be
promotional advertisements. These products have not been approved by
potentially harmful to unsuspecting consumers.
and consult their
The FDA advises consumers who have used any of these products to stop taking them
The FDA encourages consumers to seek guidance from a healthcare
healthcare
professional immediately.
professional before purchasing weight loss products.
they contain undeclared
"These tainted weight loss products pose a great risk to public health ber2.
exceed their maximum
that
in
amounts
greatly
contain
some
drugs
prescription
cases,
ingredients and, in
Evaluation and Research, FDA.
for
1CP
Drug
recommended dosages, said Janet Woodcock, M.D., director, Center
that could cause serious health
"Consumers have no way of knowing that these products contain powerful drugs
the health of the American public."
consequences. Therefore FDA is taking this action to protect
and is currenthy
The FDA has inspected a number of companies associated with the sale of these illegal products,
to recall
and
the
responses
inadequate
companies'
seeking productrecalls. Based on the FDA's inspections
or initiating seizures,
letters
as
such
warning
issuing
enforcement
additional
take
steps,
requests, the FDA may
injunctions, or criminal charges.
sibutra mine, which was found in many of
The health risks posed by these products can be serious; for example,
heart beat), palpitations, heart attack
blood
(rapid
pressure, seizures, tachycardia
the products, can cause high
that
medications
other
may be taking and increase their risk
with
patients
also
can
interact
stroke.
This
or
drug
in pregnant and lactating
established
of adverse drug events. The safety of sibutramine has also not been
of
age.
women, or in children younger than 16 years
these
found
in
products, was evaluated, but not approved by the FDA for risk
Rimonabant, another ingredient
has been associated with increased
marketing in the United States, The drug, which is approved in Europe,
720 adverse reactions in Europe over
and
deaths
linked
five
to
been
and has
suicidal
thoughts
of depression and
the last two years.
Health
consumers should report serious adverse events (side effects) or product quality
Adverse Event Reporting program either online, by regular mail, fax or phone.
Watch
FDA's
Med
to the
care
problems
professionals and
www.fda.gov/MedWatch/report.htrn
Regular Mail: use postage-paid FDA form 3500
Online:
available at:
mail to MedWatch, 5600 Fishers Lane, Rockville,
Fax: (800) FDA-0178
Phone:
(800)
Information for
www,
fda.gov/MedWatch/getforms.htm
FDA-1088
consumers can
be found at:
http://www.fda.gov/cder/consumerinfo/weight_loss_products.htm
To learn
more
and
MD 20852-9787
about FDA's initiative
against unapproved drugs read
FDA's
Compliance Policy
Guide here:
http://www.fda.gov/cder/Guidance/6911fnl.htm.
For
drug safety information, read: FDA's Drug Safety Initiative
RSS Feed for FDA News
Releases9 [what
is
RSS?10]
Last Updated: 04/12/2013
Note: If you need help accessing information in different file
and Players.
Page
Accessibility Contact FDA Careers
Ph. 1-888-INFO-FDA (1-888-463-6332)
Email FDA
1-171.1410-
ti
.0
formats,
see
FDA Basics FOIA No Fear Act Site
Instructions for
Downloading
Viewers
Document 1
Filed 07/28/14
Page
70 of 73
PagelD
70
Combination Products Advisory Committees Science & Research Regulatory Information Safety Emergency
Education
Preparedness International Programs News & Events Training and Continuing
Professionals
FDA Archive
Health
Local
Consumers
Officials
Industry
Inspections/Compliance State &
4 U$.Department
Links
on
1.
of Health & Human Servkes
this page:
http://www.addthiS.COm/bOOkmark.PhP?U508trUe&S2mm
http://www.addthis.com/bookmark.php
3.
/default.htm
4,
/NewsEvents/default.htm
5.
/NewsEvents/Newsroom/default.htm
6.
/NewsEvents/Newsroom/PressAnnouncements/default.htm
7.
/NewsEvents/Newsroom/default.htm
8.
/News Events/Newsroom/PressAnnouncements/default.htm
9.
/AboutFDA/ContactFDA/StayInformed/RSSFeeds/PressReleases/rss, xml
10.
ssLINK/ucm144575.htm
Document 1
Filed 07/28/14
EXHIBIT C
Page
71 of 73
PagelD
71
Home Drues Resources for You Information for Consumers
Document 1
Filed 07/28/14
Page
72 of 73
PagelD
72
(Drugs)
Drugs
Public Notification: "1 Day Diet" Contains Hidden Drug Ingredient
consumers not to purchase or use "1
[11-21-2013] The Food and Drug Administration (FDA) is advising
and possibly in some retail
websites
various
loss
on
Day Diet, a product promoted and sold for weight
stores.
Sibutramine is a controlled
FDA laboratory analysis confirmed that "1 Day Diet" contains sibutramine.
The product poses a
substance that was removed from the market in October 2010 for safety reasons.
increase blood pressure and/or pulse.
to
is
known
substantially
sibutrarnine
because
threat to consumers
of coronary artery
rate in some patients and may present a significant risk for patients with a history
also interact, in life
disease, congestive heart failure, arrhythmias, or stroke. This product may
threatening ways, with other medications a consumer may be taking.
it away. Consumers who have
Consumers should stop using this product immediately and throw
health
care
consult
professional as soon as possible.
a
should
effects
side
experienced any negative
events or side effects related to
adverse
to
report
encouraged
and
are
patients
Healthcare professionals
Adverse Event Reporting
and
Information
Watch
FDA's
Med
Safety
the
the use of these products to
Program:
Complete and submit the report Online:
www.fda.gov/MedWatch/rePort.htm1
4.
and return to
Download form2 or call 1-800-332-1088 to request a reporting form, then complete
1-800-FDA-0178
to
fax
submit
or
by
the
address
form,
on
pre-addressed
the
of dietary supplements or conventional
Note: This notification is to inform the public of a growing trend
for sexual enhancement,
foods with hidden drugs and chemicals. These products are typically promoted
and
as being "all natural." FDA is unable to test
often
and
are
represented
and
building,
body
weight loss,
hidden
on the market that have potentially harmful
marketed
supplements
dietary
as
all
products
identify
in the above categories.
ingredients. Consumers should exercise caution before purchasing any product
Please refer to the links below for more information:
Tainted
Weight
Loss
Product3
Subscribe to the RSS
4.;:
feed4
Tainted Supplement Consumer
Article5
Contact FDA
Toil Free
(855) 543-3784,
(301) 796-3400
or
druginfo©fda.hhs.gov
Human Drug Information
Division of Drug Information
(CDER)
Office of Communications
Feedback
Form6
10001 New
Hampshire
Avenue
Hillandale Building, 4th Floor
Page Last Updated: 11/21/2013
Note: If you need help accessing information in different file formats,
Accessibility
see
Instructions for Downloading Viewers and Players.
Contact FDA Careers FDA Basics FOIA No Fear Act Site
Ph. 1-888-INFO-FDA (1-888-463-6332)
Email FDA
13
Information Safety Emergency Preparedness
Combination Products Advisory Committees Science & Research Regulatory
State & Local Officials
International Programs News & Events Training and Continuing Education Inspections/ComPliance
Archive
FDA
Consumers Industry Health Professionals
4 u.s.Department
Links
on
1.
Filed 07/28/14
Page
PagelD
73
this page:
http://www.fda.gov/MedWatch/report.htm
fda.gov/Safety/MedWatch/HowToRepart/DownloadForms/defauhtm
http://www.fda.gov/Drugs/ResourcesForYou/Consumers/BuyingusingMedidneSafely/MedicationHealthFraud/ucm234592.htrr
5.
http://www.fda.gov/AboutFDA/ContactFIDA/StayInfornled/RSSFeeds;TDS/rss.xml
http://www.fda.gov/downtoads/ForConsumers/Consumerupdates/UCM236998.pdf
6.
http://www.accessdata.fda.gov/scripts/emaiVcder/comrnent.cfm
4.
73 of 73
of Health & Human Services
2. http://www,
3.
Document 1
evp7,114pwe1 P415: 3
of 2
Document 1-1
CIVIL COVER SHEET
JS 44 (Rev. 1/2013)
The .IS 44 civil cover sheet and the information contained herein neither replace nor supplement the ftling and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference ofthe United States in September 1974, ts required for the use ofthe Clerk of Court for the
purpose of initiating the civil docket sheeL (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
I. (a) PLAINTIFFS
DEAN NICOSIA, on behalf of himself and all others
I AMAZON.COM,
DEFENDANTS
INC.
similarly situated.
tsle 14) Hotn 0 Ve C
(b) County of Residence of First Listed Plaintiff
County of Residence of First
Listed Defendant.;
I
't...--
(IN U.S. PLAINTIFF CASeJNILY)
IN LAND CONDEMNATION CASES. UE. THE LOCXTION OF
(EXCEPT IN U.S. PLAINTIFF CASES).,..
NOTE:
THE TRACT OF LAND INVOLVED.
t, i
Attorneys OfKnown)
(C) Attorneys (Firm Name, Address, and Telephone Number)
Tusa P.C..
Joseph Tusa
P.O. Box 566, 53345 Main Road, Suite 10-1
Southold, NY 11971 T: (63 407-5100
II. BASIS OF JURIS
O 1
10
X
U.S. Govemment
(For Diversity Cares OnlY).
3
Fede
PTF
Question
(U.).. Government Not a Party)
Citizen of This State
CI 1
DEF
0
I
U.S. Govemment
Defendant
\\Z
4
Diyirsity
X 2
Citizen of Another State
Subject of 3
Foreign Country
0
O
O
O
0
0 310 Airplane
0 315 Airplane Product
Liability
Negotiable hutrument
150 Recovery of Overpayment
0 320 Assault, Libel &
Enforcement
Slander
&
ofJudgment
0 151 Medicare Act
0 330 Federal Employers'
0 152 Recovery of Defaulted
Liability
Student Loans
0 340 Marine
0 345 Marine Product
(Excludes Veterans)
CI 153 Recovery of Overpayment
Liability
of Veteran's Benefits
0 350 Motor Vehicle
0 160 Stockholders' Suits
0 355 Motor Vehicle
0 190 Other Contract
Product Liability
0 195 Contract Product Liability
0 360 Other Personal
0 196 Franchise
Injury
0 362 Personal Injury
Medical Malpractice
140
I
REAL PROPERTY
CIVIL RIGHTS
0 210 Land Condemnation
0 440 Other Civil
0 220 Foreclosure
0 441 Voting
0 442 Employment
0 443 Housing/
Accommodations
0 445 Amer. w/Disabilities
0 230 Rent Lease &
Ejectment
0 240 Torts to Land
0 245 Tort Product
Liability
0 290 All Other Real
Fr tF'•
T
PERSONAL INJURY
120 Maine
130 Miller Act
Propeny
Rights
CI 625
PERSONAL INJURY
0 365 Personal Injury
Product Liability
0 367 Health Care/
Pharmaceutical
Personal lnjuiy
Product Liability
0 368 Asbestos Personal
Injury Product
0 3
2
Incorporated and Principal Place
0
3
Foreign
111.1'
Nation
0 5
5
0
1.4. et
Dnig Related Seizure
of Propeny 21 USC 881
CI 690 Other
us
0 422 Appeal 28 USC 158
0 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
CI 820 Copyrights
CI 830 Patent
CI 840 Trademark
Liability.;
0::
0
0
CI
0
0
Habeas Corpus:
0 463 Alien Detainee
0 510 Motions to Vacate
Sentence
0 530 General
0 535 Death Penalty
CI 870 Taxes (U.S. Plaintiff
Income
Security
Act
861 IBA
0
0
CI
0
0
CI
3
0
0
II
PERSONAL PROPERTY CI 710 Fair Labor Standards
0 370 Other Fraud
Act
CI 720 Labor/Management
0 371 Tntih in Lending
Relations
0 380 Other Personal
0 740 Railway Labor Act
Property Damage
CI 751 Family and Medical
0 385 P.ope.iy Damage
Product Liability
Le3Ve Act
0 790 Other Labor Litigation
PRISONER PETITIONS
0 791 Employee Retirement
(139
862 Black
g (923)
863 DI
IWW (405(g))
ID Title XVI
864
865 RSI (405(g))
6
0 6
X
CI
CI
1.511.
375 False Claims Act
400 State Reapportionment
410 Antitzust
430 Banks and
Banking
450 Commerce
460 Deportation
keteer Influenced and
C..
C. pt Organizations
Co
mer Credit
490 Cabl• Sat TV
850 Sec
ies/Commodiiies/
Rite
gc
890 5
Statutory Actions
891 Agri, hural Acts
893 Env
tal Matters
.5
m of Information
Act
FEDERAL TAX SUITS
or
Defendant)
CI 871 IRS—Third Party
26 USC 7609
0 896 Arbitration
0 899 Administrative Procedure
ActiReview or Appeal of
Agency Decision
0 950 Constitutionality of
Stale Stalt043
IMMIGRATION
0 462 Naturalization Application
0 465 Other Immigration
Actions
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee
Conditions of
Confinement
Employment
0 446 Amer. w/Disabilities
Other
0 448 Education
Y.
0
"X" in One Box Onlv)
14
110 Insurance
0 4
of Business In Another State
Citizen or
et. ail
0 4
of Business In This State
drIndicate Citizenship of Parties in hem III)
IV. NATURE OF SUIT (Place an
'X" in One Box for Plaintiff
wand Onritox for Defendant)
••••••1
PTIF
DEF
Incorporated or Principal Place
I
1
0 2
1
III. CITIZENSHIP OF PRINCIPAL PARTIES (Mace an
lace an "X" in One Box Only)
Plaintiff
r...).
Op
.T11-i "ri
-0
CI
0
CI
CI
lN (Place an "X" in One Box Only)
1
cyState
Origi
P
I
CI 2 Removed from
:I 3
Remanded from
0 4 Reinstated or
Court
Court
edAppellate
ing
Reopened
CI 5 Transferred from
Another District
0 6
Cite the U.S. Civil Statute under which you
are
15 U.S.C. §2051 et seq.
Multidistrict
Litigation
pecvli
filing (Do not theJurist/lc:tom:I statutes sullen divers10):
VI. CAUSE OF ACTION
Brief description of cause:
Plaintiffs allege for violation of the CPSC rules.
VII.
REQUESTED
IN
COMPLAINT:
VIII. RELATED
IF ANY
DATE
SI CHECK IF 'OHS IS A CLASS ACTION
CASE(S)
RECEIPT
US E
(See instructions):
SIGNATURE OF ATTORN
NLY
AMOUNT
CHECK YES
APPLYING IFP
Lt6530-46e6
only if demanded
JURY DEMAND:
JUDGE,
7/teleig
FOR OFFIC
DEMAND S
UNDER RULE 23, F.R.Cv.P.
AIP
X
Yes
in
complaint:
0 No
DOCKET NUMBER
AFT: f
JUDGE
St4-.
MAG. JUDGE
L)S—
Filed 07/28/14
Document 1-1
Page
2 of 2
PagelD
75
CERTIFICATION OF ARBITRATION ELIGIBILITY
Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150, 000,
exclusive of interest and costs, are eligible for compulsory arbitration. Thc amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
1,
Joseph Tusa, counsel for Dean
ineligible
for compulsory arbitration for the
Nicosia, do hereby certify that the above
monetary damages sought are in
the
captioned civil action
is
following reason(s):
excess
of $150,000, exclusive of interest and costs,
complaint seeks injunctive relief,
the matter is otherwise
ineligible for the following reason
DISCLOSURE STATEMENT
FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns
10%
or more or
its stocks:
N/A
RELATED CASE STATEMENT (Section VIII
on
the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on thc front of this form. Rule 50.3.1 (a)
provides that "A civil case is "related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
A civil case shall not be deemed "related" to another civil case merely because the civil
same judge and magistrate judge." Rule 50.3.1 (b) provides that
case: (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that "Presumptively, and subject to the powcr
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be "related" unless both cases are still pending before thc
court."
NY-E DIVISION OF BUSINESS RULE 50.1(d)(21
Is the civil action
1.)
being filed in the Eastern District removed
from
a
New York State Court located in Nassau
or
Suffolk
County: No
If you answered "no" above:
2.)
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof,
County? No
b) Did the events of omissions giving rise to the claim or claims,
District?
or a
substantial part thereof,
occur
in Nassau
occur
in the Eastern
or
Suffolk
No
If your answer to question 2 (b) is "No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or
Suffolk
County? No
(Note:
A
corporation shall be considered a resident of the County in which
it has the most
significant contacts).
BAR ADMISSION
I
am
currently admitted
in the Eastern District of New York and
El
Are you
I
currently a member in good standing of the bar of this court.
0
Yes
No
currently the subject of any disciplinary action (s) in this or any other state or federal
(If yes, please explain)
0 Yes
g No
certify the acc
Signature:
of all
n
provided above.
court?

class-action lawsuit - Truth In Advertising

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Merchandise ARTIST: Taking Back Sunday - Warner-Elektra

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN

fall 2014 newsletter - Chemung County SPCA

Merchandise ARTIST: Taking Back Sunday - Warner-Elektra