3rd Circ. Affirms Dismissal Of L'Oreal Lipstick Action

Law360, New York (March 31, 2010, 9:55 AM EDT) -- A federal appeals court has upheld the dismissal of a proposed consumer class action that accused L'Oreal USA Inc. of negligently manufacturing lipsticks that contained harmful amounts of lead.

Affirming a July 2008 dismissal order by the U.S. District Court for the District of New Jersey, the U.S. Court of Appeals for the Third Circuit ruled Friday that plaintiff Ruth Koronthaly failed to prove that she had experienced “an injury-in-fact that is actual or imminent and concrete and particularized, not conjectural or hypothetical."

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