MIKHLIN V. JOHNSON & JOHNSON
RONNIE L. WHITE UNITED STATES DISTRICT JUDGE
MEMORANDUM AND ORDER
This matter is before the Court on the Defendants' Motion to Dismiss and/or Strike (ECF No. 9).
This matter is fully briefed and ready for disposition.
Based upon various studies, Plaintiffs aver that "[w]omen who used talc-based powders to powder their genital area have a 33% increased risk of ovarian cancer compared to women who never used the powders."
(Class Action Complaint, ECF No. 1, ¶4).
Plaintiffs allege that "Defendants concealed, suppressed, and/or omitted material facts on the Johnson's(R) Baby Powder product labels and packages ... when they knew, or should have known, that use of Johnson's(R) Baby Powder by women was not safe and could cause a significant increased risk of ovarian cancer."
(Class Action Complaint, ¶92).
Plaintiffs set forth a two-count Class Action Complaint alleging claims for Damages Under the Missouri Merchandising Practices Act ("MMPA"), Mo.Rev.Stat. §§ 407.010 et seq., in Count I and for Injunctive Relief pursuant to the MMPA in Count II.
Plaintiffs allege that they have used Johnson's(R) Baby Powder in the past few years "for personal use."
(Class Action Complaint, ¶11).
Plaintiffs allege that they "have suffered injury in fact and lost money as a result of the unfair practices alleged in the form of the purchase price paid for Johnson's(R) Baby Powder."
(Class Action Complaint, ¶7).
Plaintiffs have not asserted any product liability claims, nor have they alleged they suffered personal injury as a result of using Johnson's(R) Baby Powder. (Id.).
Plaintiffs bring this lawsuit on behalf of themselves and other similarly situated Missouri customers who have purchased Johnson's(R) Baby Powder in Missouri. (Id.).
This action is before the Court pursuant to the Class Action Fairness Act, 28 U.S.C. §1332(d)(2).