In a unanimous opinion written by Justice Douglas M. Fasciale, the New Jersey Supreme Court held that the refund provision created under N.J.S.A. 56:8-2.11 in Chapter 347, or the “Truth in Menu Act,” was intended to apply only to victims of food-related fraud, and not to claims of any kind brought under the Consumer Fraud Act.

In December 2022, a Middlesex County Superior Court judge gave the green light to a class action suit claiming that the operator of the continuing care retirement community deceived residents about its refund policy. The trial court denied Springpoint’s motion for summary judgment and held that the refund provision did apply to all violations of the CFA, not only the “Truth in Menu Act,” according to the opinion.