Jurisdiction, Standing, Factual Challenge, Standing Intertwined with Merits, 2, 10
Plaintiff claimed that defendant’s Banana Boat sunscreen products contained small amounts of benzene which were harmful. Defendant moved to dismiss for lack of Article III standing, claiming plaintiff had suffered no injury in fact because the minute amounts of benzene in its products were harmless. Defendant supported its argument with evidence. Plaintiff introduced conflicting evidence that the benzene was in fact harmful. The trial court erred in resolving that evidentiary dispute. When issues of standing are intertwined with the issues on the merits of the claim, the trial court must leave the resolution of the disputed issues to the jury.