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Panel: Judges Tashima, Wardlaw, and Pratt (S.D. Iowa), with Judge Tashima writing the opinion.
Key highlight: “We agree with McGee that these injuries, e.g., damage to one’s vital organs and permanent degradation of one’s cognitive abilities, would be sufficient to satisfy Article III standing for her non-UCL claims. We are not persuaded, however, that McGee has plausibly alleged that she suffered these injuries.”
Background: The plaintiff, Jacquelyn McGee, had bought and eaten Pop Secret brand popcorn. She then advanced a number of state-law claims against Pop Secret’s manufacturer, Diamond Foods, alleging that Pop Secret contained partially hydrogenated oil, or trans fat. The district court dismissed her complaint for failure allege Article III injury in fact.