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Zottola v. Eisai Inc.

Claim Not Stated That Defendants Knew Weight Loss Drug Posed High Risk of Cancer

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MEMORANDUM OPINION AND ORDER Barbara Zottola (“Plaintiff”) brings this putative class action against Eisai Inc. (“Eisai”), Arena Pharmaceuticals, Inc. (“Arena”), and CVS Pharmacy, Inc.¹ (“CVS” and collectively, “Defendants”), alleging that Defendants knew of and failed to disclose that Belviq, a weight loss drug, posed a high risk of cancer. Plaintiff asserts claims against Defendants for: (1) violation of New York General Business Law (“NYGBL”) §349 ; (2) violation of NYGBL §350; (3) breach of the implied warranty of merchantability; (4) fraud; (5) fraudulent concealment; (6) unjust enrichment; and (7) conversion. Plaintiff seeks monetary damages, declaratory relief, injunctive relief, costs and expenses (including attorney’s fees), and certification of a putative nationwide class and New York subclass. BACKGROUND I. Factual Background Eisai and Arena manufactured and distributed the prescription weight loss medications Belviq and Belviq XR (together, the “Medications”).² (Doc. 1, “Compl.”

1-2). The active ingredient in the Medications was lorcaserin, a serotonin receptor agonist, which was intended to reduce appetite. (Id. 2). On February 13, 2020, the U.S. Food and Drug Administration (“FDA”) issued a “Drug Safety Communication” advising that the FDA was requesting the withdrawal of the Medications from the market due to the “increased occurrence of cancer” caused by lorcaserin. (Id.

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