Ultimate Omega 2X Fish Oil Contains Less Omega-3s Than Advertised, Class Action Alleges
by Erin Shaak
Gabrielian v. Nordic Naturals, Inc.
Filed: June 29, 2022 ◆§ 2:22-cv-04463
Nordic Naturals’ Ultimate Omega 2X fish oil is allegedly misrepresented as containing twice the amount of Omega-3s per serving as the Ultimate Omega product.
California
A proposed class action lawsuit alleges Nordic Naturals’ Ultimate Omega 2X fish oil is misrepresented as containing double the amount of Omega-3s per serving as the company’s regular Ultimate Omega product.
The 22-page lawsuit argues that “[s]imple math” shows that the Ultimate Omega 2X supplement contains 16 percent less Omega-3s per serving than what should be twice the amount contained in the regular Ultimate Omega variety.
According to the suit, consumers “reasonably relied” on Nordic Naturals’ representations and would not have purchased the Ultimate Omega 2X product, or would have paid “significantly less” for it, had they known the fish oil supplement did not contain twice the amount of Omega-3s per serving as the defendant’s Ultimate Omega product.
The case contends that the prominent “2X” representation on the front of the Ultimate Omega 2X fish oil package leads reasonable consumers to believe that the supplement contains twice as much Omega-3s per serving as the Ultimate Omega variety.
Since the Ultimate Omega fish oil product contains 1280 mg of Omega-3s per serving, the 2X product should contain 2560 mg per serving, the lawsuit calculates.
“However, the Product only contains 2150 mg of Omega-3s per serving, which represents a 16 % shortfall per serving,” the complaint contends.
According to the case, consumers were “grossly misled” by the front-label representations on the Ultimate Omega 2X product and had no reason to know that the supplement contained less Omega-3s, an “essential fat,” than expected.
The lawsuit looks to represent anyone who purchased the Ultimate Omega 2X fish oil supplement in the U.S. within the applicable statute of limitations period.
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