Third Circuit: Mona Estrada v. Johnson & Johnson

A person who purchases a product later found to be unsafe but who suffers no harm from the use of the product and who did not forgo purchasing a cheaper version of the product does not suffer sufficient injury for Article III standing, as they have received the benefit of their bargain.

Dissent: Safety of the product is an element of the bargain.

http://www2.ca3.uscourts.gov/opinarch/172980p.pdf