Kavry v. Herbalife International of America

The opinion of the court was delivered by

COBURN, J.A.D.

Plaintiff, Stephen Kavky, sued defendants, Herbalife International, Inc. (“Herbalife”) and Jerry Homan, Richard Palmer, and Sonia Palmer, all doing business as RPB International, as well as *499that entity itself, alleging common law fraud and violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -109 (the “Act”). The action arose from plaintiffs purchase of a franchise or distributorship offered by defendants in advertising addressed to the general public at large. Herbalife responded by immediately filing a motion to dismiss the complaint…