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Omega-3s in 365 Whole Foods 100% Wild-Caught Fish Oil Softgels Class Action

Whole Foods Market, Inc. offers a 365 Whole Foods Market 100% Wild-Caught Fish Oil softgel supplement, the label of which says, “Omega-3s EPA & DHA 1000mg Per Serving.” However, the complaint for this class action alleges that the softgels contain only 300mg of Omega-3s.

A class and a subclass have been proposed for this action:

  • The Nationwide Class is all residents of the US who bought the product, for personal, family, or household consumption and not for resale, within the applicable statutes of limitations.
  • The New York Subclass is all residents of New York who bought the product, for personal, family, or household consumption and not for resale, within the applicable statutes of limitations.

Page 4 of the complaint shows an image of the front of the bottle containing the softgels, with the words “Omega-3s EPA & DHA” and, directly below that, “1000mg Per Serving.” Since these representations are in the same font size and color, it appears that they belong together, the complaint says, and “lead[] reasonable consumers to believe that each serving of the Product contains 1000mg of Omega-3s.

In reality, however, the complaint alleges that the softgels contain only 300mg of Omega-3s, meaning that “consumers are being grossly mislead regarding the amount of Omega-3s per serving in the Product.”

The complaint quotes the Cleveland Clinic on Omega-3 fatty acids, saying they are an “essential fat, which means they are needed to survive.” It also quotes a Harvard article listing some of their health benefits as “provid[ing] the starting point for making hormones that regulate blood clotting, contraction and relaxation of artery walls, and inflammation.” Consumers these days are therefore interested in taking Omega-3 supplements.

According to the complaint, because Whole Foods is responsible for the development, production, packaging, and advertising of the softgels, it knew or should have known that the representations about the amount of Omega-3s is false.

The complaint alleges, “Through the use of misleading representations, [Whole Foods] commands a price that [consumers] would not have paid has they been fully informed.” Alternatively, the complaint claims, they might not have bought the product at all.

The false claims, the complaint alleges, “created increased market demand for the Product and increased its market share relative to what its demand and share would have been had it marketed the Product truthfully.”

The counts include violations of state laws against deceptive acts or practices and false advertising, breach of express warranty, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Omega-3s in 365 Whole Foods 100% Wild-Caught Fish Oil Softgels Complaint

March 7, 2022

Whole Foods Market, Inc. offers a 365 Whole Foods Market 100% Wild-Caught Fish Oil softgel supplement, the label of which says, “Omega-3s EPA & DHA 1000mg Per Serving.” However, the complaint for this class action alleges that the softgels contain only 300mg of Omega-3s.

Omega-3s in 365 Whole Foods 100% Wild-Caught Fish Oil Softgels Complaint

Case Event History

Omega-3s in 365 Whole Foods 100% Wild-Caught Fish Oil Softgels Complaint

March 7, 2022

Whole Foods Market, Inc. offers a 365 Whole Foods Market 100% Wild-Caught Fish Oil softgel supplement, the label of which says, “Omega-3s EPA & DHA 1000mg Per Serving.” However, the complaint for this class action alleges that the softgels contain only 300mg of Omega-3s.

Omega-3s in 365 Whole Foods 100% Wild-Caught Fish Oil Softgels Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels