BROOKLYN, N.Y. (Legal Newsline) – A consumer claims Kirkland Wild Alaskan Fish Oil does not contain the amount of Omega fatty acids as advertised.
Norman Leibowitz, individually and on behalf of all others similarly situated, filed a complaint on Feb. 27 in the U.S. District Court for the Eastern District of New York against Costco Wholesale Corp. and Trident Seafoods Corp. alleging violation of the New York False Advertising Law and other counts.
According to the complaint, Costco advertises and sells its own line of fish oil products under the Kirkland Signature name, which is manufactured by Trident.
The plaintiff alleges that the defendants marketed and sold the product as containing 1,050 milligrams of Omega unsaturated fatty acids. The plaintiff alleges that testing done by Consumer Labs revealed that the product contains a substantially lower amount of Omega fatty acids than advertised.
The plaintiff requests a trial by jury and seeks award for compensatory, consequential, special and punitive damages; attorneys’ fees; expenses; costs of action; pre- and post-judgment interest; and all other and further relief that the court deems necessary, just and proper. He is represented by Jason T. Brown and Nicholas Conlon of JTB Law Group LLC in Jersey City, New Jersey.
U.S. District Court for the Eastern District of New York case number 2:18-cv-01254-JMA-AKT