Pa. Court Grants Motion to Dismiss Benzene Shampoo Case, Allows Plaintiffs Leave to Amend

PHILADELPHIA –– A Pennsylvania federal court has granted a motion to dismiss a benzene shampoo class action complaint, but has allowed plaintiffs leave to amend.

In the Dec. 5 decision, the U.S. District Court for the Eastern District of Pennsylvania opined that the plaintiff had failed to offer any connection between the alleged test results showing the presence of benzene and the products she claims to have purchased.

“Here,” the court concluded, “on the face of Plaintiff’s Complaint, she is unable to overcome the low hurdles in place to establish particularity based on the theory of representative testing …. In …