The New Jersey Supreme Court recently ruled that claims under the New Jersey Consumer Fraud Act (“NJCFA”) relating to the sale of a product are not per se subsumed by the New Jersey Product Liability Act (“NJPLA”), leaving open the possibility that a defendant who engages in fraudulent practices in connection with the sale of a product could face a NJCFA claim, a NJPLA claim, or both. The opinion, however, is limited in scope and does not overrule other important decisions in the NJCFA/NJPLA context, which prevent such claims from co-existing under many other circumstances.
This article was originally posted in the Fall 2020 Issue of New Jersey Defense Magazine.