A New Jersey company that packaged and labeled the recalled diet drug Acutrim, but didn’t actually sell it, can be sued for product liability over its adverse health effects, a New Jersey appeals court says.

In a case of first impression, the Appellate Division held Monday that Steritek Inc., a contract packager of health care, beauty and pharmaceutical products, is a “manufacturer,” not a “product seller” that otherwise would qualify for statutory immunity under Section 9 of the Product Liability Act.