STORY FROM: Talcum Powder Litigation Report

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, ...

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