Whole Foods 365 Fish Oil Contains Less Omega-3s Than Advertised, Class Action Alleges

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A proposed class action claims that Whole Foods’ 365-brand 100% Wild-Caught Fish Oil is misleadingly labeled in that it contains significantly less Omega-3s than consumers are led to expect.

The 17-page lawsuit alleges that although the label on bottles of the fish oil states that the product contains 1000 mg of Omega-3 fatty acids, the supplement contains only 300 mg of the essential fat. According to the suit, consumers would not have paid as much for the Whole Foods fish oil, or would not have purchased it at all, had they known that the softgels contained considerably less Omega-3s than advertised.

Per the case, the label of the 365-brand fish oil “conspicuously displays” the description “Omega-3s EPA & DHA 1000mg Per Serving.” The lawsuit contends that based on this representation, consumers reasonably believe that each serving of the softgels contains 1000 mg of Omega-3s, an “essential fat” that provides various health benefits, including by acting as a “starting point for making hormones that regulate blood clotting, contraction and relaxation of artery walls, and inflammation.”

The lawsuit alleges, however, that the 365 100% Wild-Caught Fish Oil in truth contains only 300 mg of Omega-3s per serving.

“Thus, consumers are being grossly misled regarding the amount of Omega-3s per serving in the Product,” the complaint attests.

According to the suit, consumers relied on Whole Foods’ allegedly misleading representations when deciding to purchase the fish oil and “had no reason to know” that the supplements contained less Omega-3s per serving than stated on the label. The case claims that buyers have been financially injured as a result of Whole Foods’ “false and deceptive practices.”

The lawsuit looks to represent anyone in the U.S. who purchased the 365 100% Wild-Caught Fish Oil for personal, family or household consumption and not for resale within the applicable statute of limitations period.

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