The First Department dismissed the complaint alleging injuries due to multiple chemical sensitivity (MCS) caused by a two-week exposure to mattresses and box springs purchased from defendant, in Spierer v. Bloomingdale's, which was decided on September 6, 2007.

The court noted that both state and federal courts have consistently determined that the cause or causes of MCS cannot be reliably established by scientific proof, and pointed to the fatal shortcomings of plaintiffs' evidence. "Aside from being inconsistent in determining the chemical compounds to which plaintiffs might have been exposed, if any, and failing to address other potential causes of plaintiffs' symptoms, the evidence lacks scientific support for a causal link between those chemicals found and MCS, a critical element of any toxic tort."