As Messy as a Baby’s…Third Circuit Issues an Opinion in Baby Powder Appeal

By Matheu D. Nunn, Esq. On September 6, 2018, the United States Court of Appeals for the Third Circuit published its decision in In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Litigation, No. 17-2980, an appeal that asked the question: “Has a plaintiff—who has entirely consumed a product that has functioned for her as expected—suffered an economic injury solely because she now sincerely wishes that she had not purchased that product?” At first blush, the question presented by the appeal will likely elicits a resounding “no” from the reader. But, the appeal raised a question of law sufficient to warrant publication – and a dissent from Judge Fuentes. The appellant, Ms. Estrada, asserted that she suffered economic damages from her purchase of Johnson & Johnson’s Baby Powder. Estrada did not, however, assert that she suffered an injury (e.g. cancer) from her use of the powder or…

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