Jo Aronstein, et al., individually and on behalf of all others similarly situated v. Kenvue, Inc., et al.

Summary

The United States District Court for the District of New Jersey grants Defendants’ motion to dismiss an amended consolidated class action complaint concerning alleged PFAS in certain Band-Aid bandages. The court concludes that Plaintiffs failed to establish Article III standing under benefit-of-the-bargain, premium-price, or alternative-product theories, and also addresses standing to seek injunctive relief.

Holdings

1. The named plaintiffs failed to establish Article III standing under a benefit-of-the-bargain theory because they did not allege adverse health consequences, that the bandages failed to work as intended, or a specific misrepresentation concerning PFAS that induced their purchases.
2. The named plaintiffs failed to establish standing under either a premium-price or alternative-product theory because the amended complaint contained only threadbare allegations of paying a premium and did not identify a specific alternative product, comparative price, or facts showing that plaintiffs would have purchased an alternative.
3. The named plaintiffs lacked standing to seek injunctive relief because they alleged that they had stopped using the Band-Aid products after learning of the alleged PFAS and did not allege that they would purchase the products again or face a sufficiently imminent and substantial risk of harm.
4. Because the named plaintiffs lacked Article III standing, the court was required to dismiss the putative class action for lack of subject matter jurisdiction.

Questions Presented

1. Whether the named plaintiffs established Article III standing based on a benefit-of-the-bargain economic-injury theory.
2. Whether the named plaintiffs established standing under premium-price or alternative-product theories of economic injury.
3. Whether the named plaintiffs established standing to seek injunctive relief based on a sufficiently imminent and substantial risk of future harm.
4. Whether the putative class action should be dismissed when the named plaintiffs lack Article III standing.

Disposition

dismissed