SAN FRANCISCO (Legal Newsline) - A California man is suing Schiff Nutrition International Inc. and Reckitt Benckiser LLC for allegedly advertising that its dietary supplements help reduce the risk of coronary heart disease when they don’t provide those benefits.
Jeffrey Johnston filed the lawsuit on Aug. 11 in the U.S. District Court in California against the supplement maker claiming its MegaRed Omega-3 Krill Oil is falsely advertised.
The lawsuit claims that while there are studies that support that if omega-3 fatty acids are taken in sufficient doses, that it can help reduce the risk of coronary heart disease, there are not conclusive results.
“Accordingly, the Food and Drug Administration (FDA) prohibits sellers of omega-3 dietary supplements such as MegaRed from making or implying anything more than this single, qualified health claim: ‘Supportive but not conclusive research shows that consumption of EPA and DHA omega-3 fatty acids may reduce the risk of coronary heart disease,’” the lawsuit said.
Still, the company allegedly claims that the product can reduce the health risk without making the FDA-required claim, the lawsuit said.
Johnston is seeking class status for those who purchased the product. He is also seeking damages in excess of $5 million plus court costs.
Johnston is represented by Jeffrey L. Fazio and Dina E. Micheletti of Fazio Micheletti LLP in San Ramon, Calif. and Thomas J. Misny of Thomas J. Misny, M.D. Inc. in Waite Hill, Ohio.
U.S. District Court Northern District of California case number 4:15-cv-03669.