Costco fish oil supplements make false, misleading heart health claims, class action claims

Costco fish oil supplements class action overview: 

• Who: A fish oil supplement consumer is suing Costco.
• Why: The plaintiff says the company failed to disclose the potential risks of its fish oil supplement.
• Where: The Costco class action was filed in a New York federal court.

Costco markets its Kirkland Signature Fish Oil supplements as supporting heart health while failing to disclose their potential risks, a new class action lawsuit alleges.

Plaintiff Donna Costan filed the class action complaint against Costco Wholesale Corporation on Nov. 18 in a California federal court, alleging violations of state and federal consumer laws. 

According to the lawsuit, the retail giant misled consumers by marketing its Kirkland Signature Fish Oil supplements as supporting heart health while failing to disclose potential risks.

Costan claims that Costco falsely advertised its fish oil products with statements like “Helps Support a Healthy Heart.” 

However, studies cited in the complaint indicate that omega-3 supplements do not reduce the risk of heart disease or related cardiovascular events and may even increase the risk of atrial fibrillation, a type of irregular heartbeat, Costan alleges.

Costco has insufficient evidence to claim product supports a healthy heart, lawsuit alleges

Heart disease remains the leading cause of death in the United States, with consumers increasingly turning to supplements like fish oil for preventative care, Costan says. 

Costco exploited this vulnerability by making unsubstantiated claims about its fish oil’s benefit, she alleges.

Citing research from sources such as the National Institutes of Health (NIH) and JAMA Cardiology, the lawsuit argues that there is insufficient evidence to support the heart health benefits of over-the-counter omega-3 supplements. A 2018 analysis of major omega-3 studies found no significant impact on reducing the risk of heart attacks or other cardiovascular issues, the Costco class action states.

Costan says she bought Costco’s fish oil supplements believing they would support her heart health, based on the product’s labeling. She claims she would not have bought the supplements, or would have paid significantly less, had she known they offered no proven benefits and could potentially even harm her health.

As a result, she’s looking to represent anyone in the United States who bought the Costco fish oil supplements. She’s suing for breach of warranty, negligent misrepresentation and violations of state consumer laws and is seeking certification of the class action, damages, fees, costs and a jury trial. 

Last month, Continental Dairy Facilities Southwest LLC recalled more than 79,000 pounds of Costco butter as it fails to contain a disclaimer about milk allergens.

What do you think of the allegations in this Costco class action? Let us know in the comments.

The plaintiffs are represented by Ruhandy Glezakos, Benjamin Heikali, Joshua Nassir and Katherine Phillips of Treehouse Law LLP.

The Costco class action is Donna Costan v. Costco Wholesale Corporation, Case No. 3:24-cv-02156-JO-AHG  in the U.S. District Court for the Southern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

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• Costco announces recall for chicken products related to BrucePac recall
• Costco recalls affect waffles, skirt steaks