Indian Brand Farms v. Novartis Crop Protection, No 99-2118, 2012 U.S. Dist. LEXIS 121206 (D.N.J. Aug. 27, 2012)

(motion to dismiss two of three remaining claims involving common law negligent misrepresentation and state Consumer Fraud Act; plaintiffs’ petition alleged plaintiffs were blueberry farmers that used defendant’s new insecticide in a “tank-mixing” process whereby insecticide and fungicide is mixed together and sprayed on plants; defendant’s failed to disclose existence of surfactant in new formation when sold to farmers; due to surfactant, blueberry plants suffered systemic injury including plant death as a result of using new formulation; court held misrepresentation and consumer fraud allegations were subsumed by the state’s product liability act and dismissed the claims under consideration).