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Hoffman v. Supplements Togo Management, LLC

New Jersey Superior Court
18 A.3d 210 (2011)


Facts

Harold Hoffman (plaintiff) purchased a dietary supplement from Supplements Togo Management, LLC (STM) (defendant) through STM’s website. Hoffman was an attorney and a resident of New Jersey. STM’s website described the ingredients and benefits of the product and contained a forum-selection disclaimer stating that all litigation would be brought in Nevada. The disclaimer appeared at the bottom of one of the pages of the website so that the disclaimer was not visible when a purchaser added the product to the electronic cart unless the purchaser decided to scroll all the way down to the bottom of the page. Hoffman sued STM in New Jersey for violations of the Consumer Fraud Act and for common-law fraud. STM moved to dismiss the lawsuit based on the forum-selection disclaimer. The trial court granted the motion to dismiss, and Hoffman appealed to the New Jersey Superior Court.

Rule of Law

Issue

Holding and Reasoning (Sabatino, J.)

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