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Thursday, July 10, 2008

Roger Smith, et al. v. Alza Corp., et al.

06-09-08 A-4277-06T1

In this products liability action involving the diet drug Acutrim, we hold that an entity whose activities are limited exclusively to product packaging and labeling comes within the definition of "manufacture", N.J.S.A. 2A:58C-8, to whom strict liability for product defect may attach, and is not a "product seller", N.J.S.A. 2A:58C-8, who otherwise would qualify for statutory immunity under N.J.S.A. 2A:58C-9(d).
We also hold that under New Jersey's choice-of-law rules, the State's procedural and substantive law governs the claim of plaintiff, an Alabama resident, who purchased in Pennsylvania the over-the-counter drug that was labeled and packaged in bulk by the New Jersey-based defendant.