UPDATE: CSPI High Sodium Class Action Was Dismissed without a Written Opinion, and Gives Plaintiff Leave to Amend
Last week I posted about a news article reporting that the Center for Science in the Public Interest's putative statewide class action pending in New Jersey against Denny's was dismissed for failure to meet the standards of the New Jersey Product Liability Act. Plaintiff had sued Denny's for injunctive relief under the New Jersey Consumer Fraud Statute for having menu items with high sodium content without disclosing the sodium content and warning about the risks of a high sodium diet.
After unsuccessfully attempting to obtain the opinion in that action, I asked Steve Gardner -- the Director of CSPI's Litigation Project and someone with whom I have negotiated previously -- if he might be able to provide me with a copy. Steve stopped me from chasing my tail. Apparently there is no written opinion, just an order granting the motion to dismiss and giving plaintiff leave to amend the complaint.
"We disagree with the Court's holding that New Jersey products liability law applies to a case that does not seek personal injury damages, and are pretty certain of getting a reversal on appeal," Gardner said. "However, since the court gave us leave to amend, we will revise the complaint to make it clear that this is only a products liability suit in the minds of Denny's lawyers."
Stay tuned for further developments in this case.
