Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46627 Judge Hellerstein AN ACTION arose from an attempt to enter the growing Canadian market for health products such as vitamins and dietary supplements. Plaintiff is an American franchisor of health and dietary supplement stores and defendant is a Canadian corporation which contracted, under a master franchise agreement, to become plaintiff’s master franchisee in Ontario and to establish franchises that would sell plaintiff’s products in the Canadian market. The alleged fraudulent misrepresentation in this action is the false labeling of products in order not to mention ingredients that may not be sold without a prescription under Canadian law. The court denied plaintiff’s motion for summary judgment finding, among other things, that defendants’ fraud counterclaim would be permitted to survive alongside their claim for breach of contract. The court, however, required defendants to make an offer of proof before trial as to their viable fraud-based damages.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.