3rd Cir. Revives Benzene-Contaminated Foot Spray Action, Clarifies Pleading Standard

PHILADELPHIA — A 3rd Circuit U.S. Court of Appeals panel has reinstated an action in which consumers seek compensation for sums they spent on antifungal foot spray products that Bayer US LLC recalled due to benzene contamination, ruling that they plausibly allege that the products they purchased are worthless.

In a Nov. 7 precedential ruling, the panel explained that the plaintiffs only have to plausibly allege that they purchased contaminated products, which does not require a showing that all products in the recall were contaminated.

The nine plaintiffs bought Bayer’s antifungal Lotrimin and Tinactin spray products, which are used …