9th Circ. Raises Bar For Claims Over Nondefective Products

Law360 (January 5, 2021, 5:34 PM EST) -- The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of McGee v. S-L Snack National, a putative consumer class action, holding that the plaintiff did not plausibly allege that she suffered a cognizable physical or economic injury by eating popcorn that contained transfat as an ingredient.[1]

The decision clarifies, and arguably raises, the bar for disappointed consumers to establish standing to bring claims based on their purchase of nondefective products.


The facts of McGee are straightforward. Jacquelyn McGee, a consumer, alleged that she purchased and consumed popcorn manufactured by the defendant, Diamond Foods Inc., which contained artificial...

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