The U.S. District Court for the District of New Jersey recently dismissed a putative class action against Johnson & Johnson, holding that Plaintiffs failed to meet the threshold requirement for showing economic injury. Plaintiffs sued the company for selling baby shampoo containing methylene chloride, which the FDA previously banned as an ingredient in cosmetic products. Plaintiffs, who had suffered no adverse health reactions to the shampoo, claimed that they had incurred economic injury simply by buying the product which they later discovered was unsafe and therefore useless to them. The court disagreed, stating that "[t]heir assertion that because the product was tainted, the injury occurred at the moment of purchase, is unavailing."
The opinion is Medley, Benson, Cox et al. v. Johnson & Johnson Consumer Companies, Inc., Civ. No. 10-cv-02291.