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'No-Injury' Product Liability Cases

BY Sean A. Simmons
July 30, 2013

On Jan. 8, 2013, the U.S. District Court in the Northern District of Alabama dismissed the plaintiff's claims in Veal v. Citrus World, Inc., No. 2:12'CV'801'IPJ, 2013 WL 120761 (N.D. Ala. Jan. 8, 2013), holding that “the court is of the opinion that the plaintiff lacks standing to pursue a claim against the defendant because the plaintiff has suffered no injury from his purchase of the defendant's orange juice.” Id. at *11.

The Case

In Veal, the plaintiff sued for breach of contract and breach of express warranty because the orange juice marketed by the defendant as “100% orange juice” was allegedly “heavily processed, stored, and flavored before reaching market shelves for purchase by consumers.” Id. at *1. There were no allegations that the orange juice made the plaintiff ill, that it lacked the expected nutritional value, or that it tasted any different from the orange juice sought by plaintiff. Id. at *1, n.7. Instead, the plaintiff merely asserted that “had he 'known the truth about the defendant's orange juice products, he would not have made his purchase choices, and would not have paid the higher value charged for the alleged quality of [defendant's] orange juice.'” Id. at *2.

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