Legal Opinion
Nicosia v. Amazon.com, Inc.
Court of Appeals for the Second Circuit
Decided August 25, 2016No. Docket No. 15-423-cvPublishedCited by 1,041 opinions
1Opinion of the Court
CHIN, Circuit Judge:
In 2013, plaintiff-appellant Dean Nicosia purchased 1 Day Diet, a weight loss product containing sibutramine, a controlled substance that had been removed from the market in October 2010, on the website of defendant-appellee Amazon.com, Inc. (“Amazon”). Nicosia brought this action below, asserting claims under the Consumer Product Safety Act (the “CPSA”), 15 U.S.C. § 2051 et seq., and state law.
The district court (Townes, J.) dismissed the complaint on the ground that the parties are bound by the mandatory arbitration provision in Amazon’s Conditions of Use. It found that…
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