Crescendo Wellness produces and sells supplements designed to make people who take their pills feel more energetic and awake. The company's marketing compares the supplements to energy drinks, but without all the chemicals that are harmful for human consumption. Crescendo's primary distribution channel is the Internet. The company is headquartered in South San Francisco but since they started business last year, they have sold their product in 38 states in the U. S. Diane Goodman lives in Port Jefferson, New York. She bought 5 bottles of Crescendo's product online in September 2019. After taking the pills for a month as directed she developed ulcers in her stomach. She has been so ill that she hasn't worked since October 2019 and is on short-term disability leave for the foreseeable future.

Diane has filed a lawsuit against Crescendo in Federal District Court in New York. She is claiming damages, stating Crescendo has negligently designed and manufactured a product that caused her irreparable harm. Crescendo has filed a motion to dismiss the action. You are the judge hearing the motion. What is your decision and how did you reach your conclusion?

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