Beth Bowen v. Energizer Holdings, Inc.

facts as to purely jurisdictional questions, it may not do so when those jurisdictional questions are intertwined with the merits of a claim. Applying that standard, the panel held there was a clear overlap between Bowen’s asserted theory of Article III injury and the “economic injury” element of her claim under California’s False Advertising Law. Because the standing issue and substantive issues were so intertwined, resolution of genuinely disputed facts was inappropriate. The panel held that Bowen adequately established an injury in fact for purposes of Article III, and genuine disputes of material fact rendered dismissal on standing grounds inappropriate. Although the district court addressed only the first element of standing—injury in fact—the panel invoked its independent obligation to consider standing sua sponte, and considered the second and third elements of Article III standing. As to the second element, the panel held that Bowen met her burden to show that Defendants caused her injury, in part, through their alleged misrepresentation that the Banana Boat products she purchased were safe for their intended use. As to the third element, the panel held that Bowen…