01-30-09 Harold M. Hoffman v. Hampshire Labs, Inc., et al. A-3401-07T1
The trial court correctly determined that plaintiff failed to state a claim under the Consumer Fraud Act (CFA), N.J.S.A.
56:8-1 to -60, because plaintiff did not allege sufficient facts to establish that, in the sale of their product, defendants had
engaged in an act or practice declared unlawful by the CFA or that plaintiff had sustained an "ascertainable loss" due to any
such unlawful act. The trial court also correctly found that plaintiff failed to state a claim of fraud because plaintiff had not alleged sufficient facts to show that defendants made false statements about their product, knowing that the statements were
false, or that plaintiff had purchased the product in reliance upon any such false statement.
