Dist. Ct. did nor err in dismissing for lack of standing plaintiffs’ action, alleging economic harm stemming from voluntary recall of defendant’s infant formula that plaintiffs claimed exposed them to potential risk of injury due to fact that formula was produced at defendant’s plant under unclean conditions. Record showed that defendant announced voluntary recall of formula and offered full refund to those who possessed formula. Ct. of Appeals observed that plaintiff’s risk-of-harm theory does not support Article III standing, and further observed that plaintiffs’ alleged injuries were hypothetical and conjectural. Ct. of Appeals also noted that plaintiffs did not allege that formula they purchased was contaminated or that they were subject to risk of harm in personal or individual way.
Federal 7th Circuit Court
Civil Court
Standing