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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”). The Supreme Court’s opinion therefore leaves 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.
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