Consumer alleges CVS brand krill oil supplement does not contain amount represented

By Noddy A. Fernandez | Mar 23, 2018

ALBANY, N.Y. (Legal Newsline) – A Schenectady, New York consumer alleges a brand of krill oil supplement does not offer the amount of oil advertised.

ALBANY, N.Y. (Legal Newsline) – A Schenectady, New York consumer alleges a brand of krill oil supplement does not offer the amount of oil advertised.

James Gaminde, individually and on behalf of all others similarly situated, filed a complaint on March 9 in the U.S. District Court for the Northern District of New York, Albany Division against Lang Pharma Nutrition Inc., CVS Health Corp. and CVS Pharmacy Inc. alleging deceptive acts or practices, false advertising and other counts.

According to the complaint, the plaintiff alleges that in 2015, he purchased a bottle of defendants' CVS 100 percent Pure Omega-3 Krill Oil at a CVS retail store because of defendants' representation that the product contained 300 milligrams of omega-3 krill oil. 

"According to independent research funded by the United States Department of Agriculture, and published in the Journal of the Science of Food and Agriculture, each bottle of CVS Krill Oil only contains approximately 60 percent of the 300 milligrams of omega-3 krill oil represented," the suit states.

The plaintiff holds Lang Pharma Nutrition Inc., CVS Health Corp. and CVS Pharmacy Inc. responsible because the defendants allegedly misrepresented the product to induce consumers to purchase it.

The plaintiff requests a trial by jury and seeks judgment for compensatory, punitive, and statutory damages; prejudgment interest; injunctive relief with attorneys' fees; expenses and costs of suit. He is represented by Philip L. Fraietta of Bursor & Fisher PA in New York.

U.S. District Court for the Northern District of New York Albany Division Case number 1:18-cv-00300-GLS-DEP

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Bursor & Fisher, P.A U.S. District Court for the Northern District of New York Albany Division

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