Express Misrepresentation CFA Claims May Be Brought With NJPLA Claims, N.J. High Court Rules

TRENTON, N.J. — In answering a question certified by a federal appeals court, the New Jersey Supreme Court has ruled that claims for express or affirmative misrepresentations under the state Consumer Fraud Act may be brought simultaneously with claims under the New Jersey Product Liability Act.

In a July 29 opinion, the state high court explained that the two acts are intended to govern different conduct and to provide different remedies for such conduct, therefore there is no direct and unavoidable conduct between the two acts.

Sun Chemical Corp. bought an explosion isolation and suppression system from Fike Corp. and …