Costco Class Action Says Kirkland Fish Oil Doesn’t Contain Omega Fatty Acids

Costco and Trident Seafoods Corporation are facing a class action lawsuit alleging the food manufacturer and the wholesale retailer deceptively market Kirkland Signature Wild Alaskan Fish Oil supplements.

Lead plaintiff Ricarlos Guzman alleges in his class action lawsuit that he purchased the Kirkland fish oil under the impression that the supplement contained omega 3 fatty acids, omega fatty acids 5, 6, 7, 9 and 11 and other fatty acids.

However, lab tests show that Kirkland Signature Wild Alaskan Fish Oil does not contain those fatty acids, the plaintiff claims.

“Fish oil is the fat or oil that’s extracted from fish tissue. It is one of the most commonly consumed dietary supplements,” the class action states.

Fish oil has many health benefits, according to the Costco class action lawsuit, including reducing blood pressure, reducing insulin resistance, reducing chronic inflammation, fighting autoimmune diseases, and potentially decreasing the risk of some types of cancer. These health benefits have sparked consumer interest in fish oil and the product is projected to reach $1.7 billion in sales next year, Guzman claims.

The plaintiff alleges he purchased Kirkland fish oil, which is produced by Trident and then sold by Costco, under the impression that the supplement contained various fatty acids. Guzman says the fish oil label claims that it contains a total of 1050 mg of omega unsaturated fatty acids.

The plaintiff learned after a lab test that the Kirkland fish oil does not actually contain the listed amounts of omega fatty acids, the Costco class action lawsuit states. “[T]he difference between the Product promised and the Product sold is significant,” says the complaint.

The lawsuit further alleges that both Trident and Costco were “fully” aware that the Kirkland fish oil did not contain the listed amounts of fatty acids. It adds up to one conclusion, says the plaintiff, “[t]he only conceivable purpose of this scheme is to stimulate sales and enhance Defendants’ profits.”

Guzman says he would continue to purchase Kirkland fish oil if it were reformulated so that it does, in fact, contain the listed amounts of omega fatty acids. Otherwise, the product is “valueless,” says the plaintiff.

The plaintiff seeks to represent a nationwide Class of consumers who purchased Kirkland Signature Wild Alaskan Fish Oil from the beginning of any applicable limitations period through the date of Class certification. The plaintiff also wishes to represent a subclass of New York residents.

The class action complaint says Trident and Costco violated New York General Business Laws by deceptively marketing the fish oil. The plaintiff also claims that the companies breached express and implied warranties to consumers as well as violated various state consumer protection statutes.

The plaintiff is seeking damages as well as for Trident and Kirkland to give up any gains alleging the companies were unjustly enriched by the marketing of the fish oil. The plaintiff is seeking an injunction against the companies to stop them from the alleged false marketing as well, along with attorneys’ fees and costs.

Guzman is represented by Michael J Gabrielli of Gabrielli Levitt LLP.

The Costco Kirkland Signature Wild Alaskan Fish Oil Class Action Lawsuit is Guzman v. Trident Seafoods Corporations, et. al., Case No. 2:17-cv-01102-ADS-ARL, in the U.S. District Court for the Eastern District of New York.