Whole Foods Class Action Alleges Retailer Misrepresents Amount Of Omega-3s Per Serving In Fish Oil Softgel

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Whole Foods Fish Oil Omega-3s Class Action Lawsuit Overview: 

• Who: Julian Foster filed a class action lawsuit against Whole Foods Market.
• Why:  Foster claims Whole Foods misrepresents the amount of Omega-3s per serving in its 365 Whole Foods Market 100% Wild-Caught Fish Oil softgels.
• Where: The class action lawsuit was filed in New York federal court.

Whole Foods Market misleads consumers about the amount of Omega-3s in its 365 Whole Foods Market 100% Wild-Caught Fish Oil softgels, a new class action lawsuit alleges. 

Plaintiff Julian Foster claims Whole Foods represents on the products’ labeling that each serving contains 1000mg of Omega-3s when, in reality, each serving only contains 300mg. 

Foster claims the front of the product is labeled with “Omega-3s EPA & DHA 1000mg Per Serving,” leading him to believe that each serving would contain 1000mg of Omega-3s.

“Based on this representation, reasonable consumers are led to believe that each serving of the Product contains 1000mg of Omega-3,” the class action lawsuit states. 

However, Foster claims that, despite the representations on the label, Whole Foods is “grossly misleading” consumers since it actually contains only 300mg of Omega-3s per serving. 

The “reasonable belief” that each serving contained 1000mg of Omega-3s, meanwhile, was a “significant factor” in consumers’ decision to purchase the product, the class action lawsuit alleges. 

Whole Foods Able To Increase ‘Market Demand’ For Fish Oil Via Misrepresentation 

Foster claims Whole Foods was able to increase the “market demand” for the product and increased its own market share by misrepresenting the amount of Omega-3s each serving contains. 

Further, Foster argues consumers are willing to pay more for the product since it represents that each serving contains 1000mg of Omega-3s. 

“Through the use of misleading representations, Defendant commands a price that Plaintiff and the Class would not have paid had they been fully informed,” the class action lawsuit states.

Foster claims Whole Foods is guilty of unjust enrichment and in violation of breach of express warranty statutes and New York General Business Law. He is demanding a jury trial and requesting declaratory and injunctive relief along with statutory and punitive damages for himself and all class members. 

Foster wants to represent a nationwide class and New York subclass of consumers who purchased 365 Whole Foods Market 100% Wild-Caught Fish Oil softgels for personal, family or household consumption. 

A separate class action lawsuit was filed against Whole Foods in January by a consumer claiming the company uses large boxes to deceive customers about the amount of rice in its 365 brand Long Grain & Wild RIce — Rice Pilaf. 

Have you purchased Whole Foods 365 Whole Foods Market 100% Wild-Caught Fish Oil softgels? Let us know in the comments! 

The plaintiff is represented by Robert Abiri of Custodio & Dubey, LLP. 

The Whole Foods Fish Oil Omega-3s Class Action Lawsuit is Foster v. Whole Foods Market, Inc., Case No. 1:22-cv-01240, in the U.S. District Court for the Eastern District of New York.

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