Bayer Fungal Spray Buyers Get Class Action Claims Reinstated

Consumers alleging they overpaid for Lotrimin and Tinactin antifungal sprays that Bayer US LLC recalled because of benzene contamination had standing to pursue their suit, a federal appeals court said Thursday.

Their complaint said that Bayer’s recall notice said benzene was a carcinogen and advised buyers to stop applying products from the recalled lots, rendering the products unusable, the US Court of Appeals for the Third Circuit said. That was a sufficient allegation that the recalled sprays were worth less than an uncontaminated version or that the product increased the risk of a physical injury, it said.

“If a product ...