Hoffman v. Supplements Togo Management, LLC
New Jersey Superior Court
18 A.3d 210 (2011)

- Written by Josh Lee, JD
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.)
What to do next…
Here's why 833,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.