Tag: omega-3
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Complaint Filed Against Walnut Seller for Omega-3 Health Claims
A New York resident has filed a putative class action against Diamond Foods, Inc. in a California federal court alleging that the company labeled its walnuts with false claims that “consumption of the omega-3 fatty acids in walnuts promotes heart health and lowers the risk of coronary heart disease.” Zeisel v. Diamond Foods, Inc., No.…
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Agency Action on Omega 3 Followed by Litigation Against Gummy Fish Maker
A putative class action has been filed in a Washington state court by plaintiffs claiming that L’il Critters Omega-3 Gummy Fish® are deceptively marketed as products that will “Promote Healthy Brain Function” in children. Aust v. NW Natural Prods., Inc., No. 10-07949 (Wash. Super. Ct., King Cty., filed February 23, 2010). In fall 2009, the Federal…
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Omega-3 Trade Group Responds to FTC Action Against Supplement Makers
The Global Organization for EPA and DHA Omega-3 Fatty Acids (GOED) has apparently sought clarification from the Federal Trade Commission (FTC) about the letters sent to 11 companies that promote omega-3 fatty acid supplements as a benefit for children’s visual and mental development. According to GOED, FTC was not clear about whether it was concerned…
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FTC Warning Letters: A New Era of Enforcement?
The Federal Trade Commission (FTC) recently announced that it had sent warning letters to 11 companies that promote omega-3 fatty acid dietary supplements. The letters indicated that the companies should review their product labeling and packaging claims, as well as product advertising, to ensure that the claims are adequately substantiated. The commission’s issuance of these…
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FTC Issues Omega-3 Fatty Acid Warning Letters; Seeks Evidence for Health Claims
The Federal Trade Commission (FTC) has announced that it sent letters to 11 unnamed companies in late January 2010, warning that their promotions and product packaging for omega-3 fatty acid supplements may violate the law “by making baseless claims about how the supplements benefit children’s brain and vision function and development.” FTC apparently gave the…
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False Advertising Claims Briefly Made Against Juicy Juice® Maker
A putative class action was reportedly filed in a California state court against Nestlé, alleging that the company falsely advertises its “Juicy Juice Brain Development Fruit Juice” as a product that will improve toddlers’ brain function. Plaintiff Alexis Farmer, who then dismissed the complaint without prejudice several days later, reportedly claimed that she purchased the…
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Settlement Approved in Omega-3 Egg Litigation
A federal court in Washington recently approved a class action settlement in a case filed against egg farmers who allegedly engaged in unfair, deceptive and improper conduct in the marketing and sale of omega-3 fortified eggs. Schneider v. Wilcox Farms, Inc., No. 07-01160 (W.D. Wash., filed January 12, 2009). As we reported in issue 226…