In a decision believed to be the first of its kind in the U.S., a New Jersey state court judge has found that it is a misrepresentation that violates the state Consumer Fraud Act to advertise gay “conversion therapy” services by depicting homosexuality as abnormal or a mental illness.

Ruling in Ferguson v. JONAH, on Feb. 10, Hudson County Assignment Judge Peter Bariso Jr., further held that touting “success” statistics for such services in the absence of a factual basis also amounts to consumer fraud.