3rd Circuit Affirms Dismissal of Talc Class Action, Says Plaintiffs Haven’t Suffered Economic Injury

PHILADELPHIA –– The 3rd Circuit U.S. Court of Appeals has affirmed the dismissal of a talcum powder class action suit, opining that buyer’s remorse is not a cognizable injury under Article III of the U.S. Constitution.

In the Sept. 6 opinion, the 3rd Circuit rejected the plaintiffs’ position that they had suffered an economic injury by purchasing improperly marketed Baby Powder.

“[The plaintiff] fails to provide a non-conjectural basis for concluding that she did not receive the benefit of her bargain. [The plaintiff] similarly fails to show that she is at risk of suffering an economic injury in the future, …