STORY FROM: Benzene & Emerging Toxic Torts Litigation

Ill. Court Dismisses Talc-Based Powder Class Action Suit; Allows Plaintiff Leave to Amend

EAST ST. LOUIS, Ill. –– An Illinois federal court overseeing a talc-based powder class action lawsuit has granted Johnson & Johnson’s motion to dismiss the complaint for failure to state a claim, but granted the plaintiff leave to amend.

In the Dec. 23 order, the U.S. District Court for the Southern District of Illinois opined that the plaintiff had established Article III standing but had failed to meet the heightened requirements under the Illinois Consumer Fraud and Deceptive Business Practices Act.

Plaintiff Barbara Mihalich filed the underlying putative class action, contending that she and other members of the class ...

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