Horizon Organic Milk DHA Omega-3 Class Action Lawsuit

Dean Foods (NASDAQ: DF) has been hit with a $5 million class action lawsuit that claims it and its subsidiary, Whitewave Foods, make “false, misleading and deceptive” claims that its Horizon Organic DHA-fortified milk products support brain health.

According to the Horizon Organic Milk class action lawsuit, Dean and Whitewave deceptively claim on their product labeling that consuming Horizon Organic Milk plus DHA Omega-3 will support brain health in children and adults of all ages.

“However, the DHA-fortified milk products do not support brain health in children or adults,” states the Horizon Milk class action lawsuit. “Defendants also do not have competent and reliable scientific evidence to support their brain health representation. Clinical cause and effect studies have found no causative link between DHA algal oil supplementation and brain health. Defendants’ representations are false, misleading, and reasonably likely to deceive the public.”

The Horizon DHA Omega-3 milk class action lawsuit goes on to say that because of their deceptive brain health representation, consumers have purchased a product that does not perform as advertised and paid a premium price for DHA-fortified milk products over other organic or regular milk products that do not make deceptive brain health representations.

The Horizon Milk false advertising class action lawsuit is brought on behalf of all consumers who purchased Horizon Organic Milk plus DHA Omega-3 during the applicable statute of limitations. It is seeking class certification, damages, restitution and injunctive relief for violating the Unfair Competition Law and Consumers Legal Remedies Act, and for Breach of Express Warranty.

A copy of the Horizon Organic Milk plus DHA Omega-3 Class Action Lawsuit can be read here.

The case is Evereth Barrera v. Dean Foods, Inc. and Whitewave Foods, Inc., Case No. 11-cv-2249 L POR, U.S. District Court, Southern District of California.