CVS Class Action Says 100% Pure Omega-3 Krill Oil is Falsely Advertised

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CVS faces a class action lawsuit over allegations that their 100% Pure 300mg Omega-3 Krill Oil is marketed falsely.

Lead plaintiff James Gaminde has filed the class action lawsuit against Lang Pharma Nutrition Inc., CVS Health Corporation, and CVS Pharmacy Inc. alleging that the quality of CVS brand of krill oil is misrepresented.

Krill oil is a type of fish oil prepared from Antarctic krill. Fish oil supplements are dietary sources of omega-3 fatty acids which have been associated with many health benefits including improved cardiovascular health, maintenance of cognitive function, improved fetal development, and a decreased inflammatory response to injury.

According to the Harvard School of Public Health, omega-3 fatty acids “are an integral part of cell membranes throughout the body and affect the function of the cell receptors in these membranes.”

The CVS class action lawsuit points to a research study funded by the United States Department of Agriculture that discovered that each bottle of CVS krill oil contains only 60 percent of the omega-3 krill oil represented on the package. The study was meant to assess the levels of omega-3 fatty acids in fish, krill, and algal oil supplements sold in the United States. The researchers concluded that “the quality of fish oil supplements is not being adequately monitored by manufacturers or government agencies.”

Gaminde says he purchased a bottle of CVS 100% Pure 300 mg Omega-3 Krill Oil in 2015. He argues that he bought the product based on representations on the package which he believed to be true. The CVS krill oil class action lawsuit argues that consumers are only receiving 60 percent of what they paid for since the krill oil content is much lower than the packaging claims.

“The misrepresentations and omissions made by [CVS], upon which [Gaminde] and Class members reasonably and justifiably relied, were intended to induce and actually induced [Gaminde] and Class members to purchase CVS Krill Oil,” the krill oil class action lawsuit states.

The CVS class action lawsuit argues that the product was sold at a premium price because of its marketed omega-3 fatty acid content and that consumers overpaid for their product because they paid for omega-3 content they didn’t receive. “Plaintiff and Class members purchased CVS Krill Oil in reliance upon Defendants’ skill and judgment and the implied warranties of fitness for the purpose,” the CVS krill oil class action lawsuit states.

The krill oil lawsuit accuses CVS and manufacturers of intentional false advertising for the purpose of making a larger profit. “The foregoing advertising was directed at consumers and was likely to mislead a reasonable consumer acting reasonably under the circumstances,” the class action alleges.

Gaminde accuses CVS of violations of business law, false advertising, breach of warranty, unjust enrichment, and fraud.

Gaminde seeks to represent a Class of people in the United States who purchased CVS 100% Pure 300 mg Omega-3 Krill Oil. The CVS class action lawsuit seeks a trial by jury, Class certification, damages, restitution, court costs, and attorneys’ fees.

The plaintiff is represented by Philip Fraietta of Bursor & Fisher PA.

The CVS Krill Oil Class Action Lawsuit is Gaminde, et al. v. Lang Pharma Nutrition Inc., et al., Case No. 1:18-cv-00300-GLS-DEP, in the U.S. District Court for the Northern District of New York.