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.

Background

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!