Tag: omega-3
-
Class Notification Ongoing in Diamond Walnut Settlement of Omega-3 Fraud Claims
Under a court order preliminarily approving a settlement of consumer fraud claims involving purported health benefit labeling used to sell Diamond Foods walnuts, the class notification program has apparently begun. Zeisel v. Diamond Foods, Inc., No. 10-01192 (N.D. Cal., preliminary approval order entered January 30, 2012). The court previously certified a nationwide class of consumers…
-
Fat Content Misrepresentations Alleged Against Milk Marketer
Seeking to represent a nationwide class of consumers, a New York resident has filed a lawsuit in a New Jersey federal court, alleging that Smart Balance, Inc. falsely labels its fat-free milks enhanced with omega-3 as “Fat Free” when they actually contain 1 gram of fat per serving. Stewart v. Smart Balance, Inc., No. 11-06174…
-
Class Certification Granted in Walnut Health Claims Case
A federal judge in California has granted class certification in a suit alleging that Diamond Foods, Inc. misbranded its shelled walnut products and misled consumers by using “express and implied statements about the positive effects of omega-3 fatty acid consumption on health.” Zeisel v. Diamond Foods, Inc., N0. 10-01192 (N.D. Cal., decided June 7, 2011). The…
-
Study Allegedly Links Omega-3s to Aggressive Prostate Cancer
A Fred Hutchinson Cancer Research Center study has reportedly found that men with the highest blood percentages of the omega-3 fatty acid known as docosahexaenoic acid (DHA) “have two-and-a-half-times the risk of developing aggressive, high-grade prostate cancer compared to men with the lowest DHA levels,” according to an April 25, 2011, press release. Theodore Brasky,…
-
Plaintiff Seeks Motion to Compel in Omega-3 Litigation Against Walnut Company
Contending that Diamond Foods, Inc. has defended its decision to place “heart-healthy” claims on its packaged walnuts on the advice of counsel, and removed them after a Food and Drug Administration (FDA) warning, also on the advice of counsel, the named plaintiff in a putative class action alleging consumer-fraud against the company is seeking the…
-
Cornucopia Institute Asks FTC to Investigate Dean Foods’ Omega-3 Advertising
An organization that promotes family-scale farming and organic foods has called on the Federal Trade Commission (FTC) to investigate Dean Foods, which purportedly claims that its Horizon “milk with Omega-3 DHA” products support brain and eye development in children and benefit pregnant and nursing women. In its April 21, 2011, letter, the Cornucopia Institute details…
-
SDA-Enriched Soy Makes Splash at 2011 Experimental Biology Meeting
Researchers presenting at the 2011 Experimental Biology conference in Washington, D.C., have reportedly claimed that stearidonic acid-enriched (SDA) soybean oil is “an effective source of long-chain polyunsaturated fat in foods,” and that soy genetically engineered to produce these omega-3 fats, commonly found in fish, could be on tables as early as 2012. The panel on SDA-enriched…
-
Court Refuses to Dismiss Omega-3 Claims Against Walnut Producer
A federal court in California has denied a walnut producer’s request to dismiss claims alleging that the company falsely advertises its products by asserting that the omega-3 in walnuts has certain health benefits. Zeisel v. Diamond Foods, Inc., No. 10-01192 (N.D. Cal., filed September 3, 2010) (unpublished). Alleging violations of California consumer protection laws, the…