James A. Byrne U.S. Courthouse, which houses the U.S. Court of Appeals for the Third Circuit, and the U.S. District Court for the Eastern District of Pennsylvania, in downtown Philadelphia, PA, on April 3, 2021. Photo: Diego M. Radzinschi/ALM'Vague' Product Testing Allegations Sink Benzene Class Action
The ruling follows a U.S. Court of Appeals for the Third Circuit decision last month reviving a benzene class action against Bayer, after the circuit court found the plaintiffs plausibly alleged that the products in question were worth less than they would have been if they were not contaminated.
December 06, 2024 at 04:12 PM
4 minute read
A federal judge in Pennsylvania threw out a proposed benzene class action over a lack of standing after concluding the plaintiff failed to assure the court that the products she purchased were contaminated.
In a Thursday decision, U.S. District Judge John M. Gallagher of the Eastern District of Pennsylvania granted Lake Consumer Products Inc.'s motion to dismiss plaintiff Lorisa Pineda's class action suit over allegations the company's coal tar shampoo products she purchased contained benzene, an alleged human carcinogen. In Pineda v. Lake Consumer Products, the court concluded Pineda's claims regarding the presence of benzene in the defendants' products weren't particularized enough to survive the motion to dismiss.
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