Diet Pill Packager Subject to Strict Liability Claims, Court Rules

TRENTON, N.J. - A company that packaged PPA-containing diet pills it received in bulk from the product's manufacturer is not considered a seller that would be entitled to protection from liability under New Jersey's product liability statute, a state appeals court has ruled. Smith v. Alza Corp., et al., No. A-4277-06T1 (N.J. Super. Ct., App. Div.).

Reversing a trial court decision that dismissed the plaintiff's personal injury claims against Steritek Inc., the New Jersey Superior Court's Appellate Division said June 9 that packaging, labeling and shipping the diet pill product for ultimate sale does not qualify the company for immunity …