New Jersey Court Dismisses Salt Lawsuit Against Denny’s

According to a news source, a New Jersey court has dismissed fraud-related claims filed against Denny’s Corp. alleging that the company failed to disclose the amount of sodium in its menu items. DeBenedetto v. Denny’s Corp., No. __ (N.J. Super. Ct., dismissed November 10, 2009). Additional details about the litigation appear in issue 312 of this Update. The company reportedly indicated in a statement that the suit was dismissed because the plaintiff failed to and could not establish a physical injury under state product liability law.

The named plaintiff in this putative class action reportedly alleged that he had consumed Denny’s foods for more than 20 years and was shocked when he learned how much sodium was in his favorite menu items. While he did not allege any link between the company’s foods and his alleged high blood pressure, the plaintiff claimed that he would not have selected the high-sodium foods if he had been aware of their sodium content.

Stephen Gardner, litigation director of the Center for Science in the Public Interest (CSPI), which represented the plaintiff, was quoted as saying, “Essentially, the judge agreed with Denny’s that New Jersey’s product liability law prevented us from advancing our consumer protection claim. We are confident we would win on appeal, but we also want to make it clear to the judge that this suit is about consumer deception of a killer food ingredient.” CSPI apparently plans to amend the complaint and appeal the court’s ruling.

CSPI Director Michael Jacobson claimed that the lawsuit was filed to get the restaurant industry’s attention in an effort to force the adoption of sodium reductions. Denny’s has reportedly reformulated some of its menu items, offering lower-salt versions of the chain’s hash browns and some items in its children’s menu. Similar litigation was filed in Illinois; details about that lawsuit appear in issue 318 of this Update. See Nation’s Restaurant News, November 11, 2009.