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Nature’s Promise Fish Oil Not Real Fish Oil, Says New York Class Action

If fish oil is subjected to certain chemical processes, is it still fish oil? Stop & Shop Supermarket Company, LLC sells Nature’s Promise High Potency Fish Oil that the complaint for this class action contends is not actually fish oil, because it has gone through a trans-esterification process and does not provide what consumers are seeking in fish oil supplements.

The New York Class for this action is all persons in New York who bought the product during the applicable statutes of limitations.

The complaint alleges, “Studies have shown that consuming fatty fish 2-3 times a week may reduce the risk of heart disease and stroke.” However, many Americans can’t or won’t eat fish that often, so they buy fish oil supplements, hoping to get the same benefits from them.

The main omega-3 fatty acids found in fish are known as EPA and DHA. These can be obtained by boiling, cooking, and pressing certain kinds of fish, separating the water and oil from the proteins and solids, and then separating the water from the oil.

The EPA and DHA in fish, the complaint alleges, “occur naturally in triglyceride form (‘TAG’).” The term “triglyceride” refers to a molecular structure that bonds the fatty acids to a glycerol backbone. EPA and DHA are typically around 30% of the fish’s fatty acid content. The typical ratio is sometimes expressed as “18:12,” or 18% EPA to 12% DHA by weight.

However, a trans-esterification process was developed “to synthesize EPA and DHA from fish into an ethyl ester chemical form.” The complaint alleges that the process “involves a chemical reaction to break down the glycerol backbone of each triglyceride molecule in fish oil, resulting in free fatty acids and a free glycerol molecule.”

The advantage of this process is that it yields more oil and permits companies to use lower-quality fish oils. The complaint makes two allegations about the oils obtained this way. First, it says, “The fish oil is stripped of hundreds of its constituent components, and the Omega-3s, which include DHA and EPA, are converted into ethyl esters of fatty acids.” Also, it says, “The ethyl esters of fatty acids are different molecules than the Omega-3s, which exist naturally in fish oil.” The complaint alleges that these fatty acid ethyl esters “are not found in nature.”

According to the complaint, “[t]he United States Pharmacopeia (‘USP’), the Codex Alimentarius Committee and the Global Organization for EPA and DHA omega-3s (‘GOED’)[] all distinguish between fish oil and trans-esterified products.”

The complaint therefore calls the representations on the fish oil product “false, deceptive, and misleading” because of its EPA and DHA claims and its labeling as “Fish Oil.” The counts include breaches of warranties, negligent misrepresentation, and fraud, among other things.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Nature’s Promise Fish Oil Not Real Fish Oil, Says New York Complaint

November 1, 2021

If fish oil is subjected to certain chemical processes, is it still fish oil? Stop & Shop Supermarket Company, LLC sells Nature’s Promise High Potency Fish Oil that the complaint for this class action contends is not actually fish oil, because it has gone through a trans-esterification process and does not provide what consumers are seeking in fish oil supplements.

Nature’s Promise Fish Oil Not Real Fish Oil, Says New York Complaint

Case Event History

Nature’s Promise Fish Oil Not Real Fish Oil, Says New York Complaint

November 1, 2021

If fish oil is subjected to certain chemical processes, is it still fish oil? Stop & Shop Supermarket Company, LLC sells Nature’s Promise High Potency Fish Oil that the complaint for this class action contends is not actually fish oil, because it has gone through a trans-esterification process and does not provide what consumers are seeking in fish oil supplements.

Nature’s Promise Fish Oil Not Real Fish Oil, Says New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients