Gordon Rees Scully Mansukhani Of Counsel Lee Henig-Elona and Partner Virginia Squitieri obtained the dismissal of a motion for reconsideration of an April 2023 decision granting summary judgment to GRSM's national retailer client.
On April 28, 2023, the presiding judge ruled in favor of GRSM's client, granting their motion for summary judgment under New Jersey’s Product Liability Act concerning the distribution of talc-based cosmetic products allegedly contaminated with asbestos.
The plaintiff filed a motion for reconsideration of the decision, and the court considered their arguments before ultimately denying their motion in a decision dated May 23, 2024. The court found that GRSM’s client did not exercise significant control over the design, manufacture, packaging, or labeling of the cosmetic products and had “no reason to know” of an alleged defect.
This ruling illustrates the principle that retailers, when merely offering products for sale without additional involvement or reason to suspect defects, are protected from legal action under the provisions of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-2 et seq.