Lawsuit Claims Amazon Sold Unapproved Drugs Mislabeled as Dietary Supplements

Court rejected a motion to dismiss the lawsuit this week, clearing claims to move forward that allege Amazon marketed unapproved supplements on its platform, with claims of false health benefits.

Two California residents have been cleared to move forward with a class action lawsuit against Amazon, alleging the company unlawfully sold unapproved drugs disguised as dietary supplements, in violation of federal and California consumer protection laws.

The complaint (PDF) was originally brought by Eric Li and Anita Medal in the U.S. District Court for the Northern District of California in January 2023, naming Amazon.com Services, LLC as the sole defendant. However, earlier this month the federal judge presiding over the case rejected an attempt to dismiss the Amazon lawsuit, allowing the claims to move forward.

The plaintiffs claim that Amazon has sold a variety of dietary supplements on its platform, including Nature’s Bounty Omega-3 Fish Oil, 5-HTP Capsules, Doctor’s Best Alpha-Lipoic Acid and Nutricost Acetyl L-Carnitine, along with multivitamins and herbal remedies promoted for heart, brain and immune health.

However, the lawsuit indicates that under the Dietary Supplement Health and Education Act (DSHEA), disclaimers are mandatory for any product making “structure/function” claims related to health, stating that these products are not intended to diagnose, treat, cure or prevent any disease. It also suggests that many of the products sold on Amazon’s platform contained unsupported health benefit claims.

The complaint points out that health officials and consumer advocates have warned that missing disclaimers and false benefits claims can mislead customers into viewing supplements as approved treatments, potentially delaying medical care and increasing the risk of harmful interactions or other complications.

Amazon Sold Unapproved Drugs Without Required FDA Disclaimers

In the original complaint, Li and Medal, both California residents, claim Amazon promoted and sold supplements with drug-like therapeutic claims—such as improving memory, supporting joint and heart health, or boosting the immune system, without including the legally required FDA disclaimers.

The plaintiffs argue that the absence of these disclaimers renders the products misbranded and illegal for sale in interstate commerce. In addition, they contend that Amazon’s fulfillment infrastructure, branding and marketing practices led consumers to believe these supplements were legitimate and approved by regulatory authorities.

The complaint identifies dozens of supplements sold through Amazon, including items fulfilled directly by the company, that allegedly lacked required disclaimers while making misleading therapeutic claims.

By positioning itself as a trusted health retailer and allowing these practices to persist, the lawsuit indicates that Amazon exposed consumers to both financial harm and potential health risks, especially those who delayed medical treatment based on unsubstantiated health promises.

Amazon’s Motion To Dismiss Denied by Federal Judge

Amazon sought to dismiss the lawsuit, arguing that the plaintiffs lacked standing to challenge products they did not personally purchase. In addition, the retailer maintained that the complaint was overly broad and speculative.

However, in an order (PDF) issued on June 5, 2025, U.S. District Judge John H. Chun denied the motion, finding that the plaintiffs had sufficiently alleged a consistent pattern of misconduct by Amazon across numerous products. The court ruled that any differences among individual supplements could be evaluated later, at the class certification stage.

“The alleged conduct is sufficiently similar as to the purchased and unpurchased dietary supplements. Any further concerns about the differences among the products at issue would be more appropriately resolved at the class certification stage.”
— Judge John H. Chun, Order Denying Rule 12(b)(1) Motion to Dismiss

The lawsuit seeks class action status on behalf of California residents who purchased supplements from Amazon that were marketed with therapeutic claims but lacked proper FDA disclaimers. Plaintiffs are pursuing damages, restitution, and a permanent injunction barring Amazon from continuing to sell noncompliant products.