DeBenedetto v. Denny’s Inc., L-6259-09; Law Division; opinion by Happas, P.J.S.C.; decided April 23, 2010; approved for publication July 20, 2011. DDS No. 09-3-7655A [15 pp.]
After his first amended class-action complaint against Denny’s Inc. was dismissed without prejudice for failure to state a claim, plaintiff Nick DeBenedetto filed a second amended complaint (SAC) that alleges that Denny’s deceptively presents menu items without disclosing that its meals contain excessive amounts of sodium, in violation of the New Jersey Consumer Fraud Act. It contains several allegations regarding the dangers of sodium and the levels of sodium in Denny’s meals. Expressly disclaiming any personal-injury damages, the complaint alleges solely economic damages under the Consumer Fraud Act, including a refund of the purchase price of the meals plaintiff consumed and treble damages. He also seeks a declaratory judgment that Denny’s practices violate the CFA and an injunction requiring Denny’s to disclose on its menus the amounts of sodium in its meals.
