Middlesex County court tosses Dennys salt suit

A class-action lawsuit alleging that a restaurant over-salted its food left a bad taste in the mouth of a Middlesex County judge, who dismissed the claim against Denny’s Inc.

Nick DeBenedetto had high blood pressure and was supposed to restrict his intake of salt, but continued to eat high-sodium Moons Over My Hammy and other meals at Denny’s because the chain “continues to produce, market and sell meals containing large amounts of sodium without disclosing this fact on its menus,” according to DeBenedetto’s complaint, which sought triple damages and other relief under the state Consumer Fraud Act.

The suit followed an earlier one he filed against Denny’s, which the Middlesex County court previously dismissed.

Based on the ruling in the second case, “even if DeBenedetto could prove his claims, he failed to establish a claim, or right to relief under the Consumer Fraud Act,” according to Beth Rose, a member of the Newark law firm Sills, Cummis & Gross P.C. Rose, who was not involved in the Denny’s case, focuses on product liability cases.