Bumble Bee Foods Omega-3 False Advertising Class Action

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A federal class action lawsuit says Bumble Bee Foods misbrands its canned seafood products a good source of Omega-3, without disclosing the presence of “risk-increasing nutrients.” As a result, consumers are misled into purchasing Bumble Bee’s products because they believe they’re making a healthier choice over other products.

The Bumble Bee Foods class action lawsuit claims the company has made numerous violations of California and federal laws that require companies to use truthful, accurate information on their packaged food labels. These violations include failing to disclose that Omega-3 has no established Daily Value under FDA regulations, and failing to properly disclose the high levels of fat, saturated fat and cholesterol in their misbranded food products on the packaging and labeling.

“To appeal to consumer preferences, Bumble Bee has repeatedly made unlawful nutrient claims on products containing disqualifying levels of fat, sodium and cholesterol. These nutrient content claims were unlawful because they failed to include disclosure statements required by law that are designed to inform consumers of the inherently unhealthy nature of those products,” the Bumble Bee class action lawsuit states.

For example, Bumble Bee’s “Tuna Salad Original with Crackers Kit” has 18g of fat per labeled serving, but does not bear a statement that fat exceeding the specified level is present.

“These regulations are intended to ensure that consumers are not misled to believe that a product that claims, for instance, to be an excellent source of Omega-3, but actually has unhealthy levels of fat or cholesterol, is a healthy choice because of the presence of Omega-3,” the class action lawsuit adds. “These laws recognize that reasonable consumers are likely to choose products claiming to have a health or nutritional benefit over otherwise similar food products that do not claim such benefits.”

The Bumble Bee Foods class action lawsuit is brought on behalf of a nationwide class of consumers who, within the last four years, purchased Bumble Bee products labeled “Rich in Natural Omega-3” or “Excellent Source Omega-3.” It is seeking damages, restitution, disgorgement of profits and more for unlawful, unfair and fraudulent business acts and practices, and misleading and deceptive advertising.

The Bumble Bee Foods Omega-3 False Advertising Class Action Lawsuit case is Tricia Ogden v. Bumble Bee Foods, LLC, Case No. 12-cv-01828, U.S. District Court, Northern District of California, San Jose Division.

UPDATE: The plaintiff voluntarily dismissed her case in March and her lawyers filed a new class action lawsuit (Garrett v. Bumble Bee Foods LLC) that is limited to California consumers. On Oct. 16, 2014, a California federal judge remanded the new Bumble Bee class action lawsuit to Santa Clara Superior Court.