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Thursday, May 2, 2024

California consumer alleges 'Ultimate Omega' supplements misleadingly labeled

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SAN FRANCISCO (Legal Newsline) — A California consumer alleges that Nordic Natural's Ultimate Omega supplements do not contain twice the amount of Omega-3s as the label indicates. 

Cheryl Caldwell, individually and on behalf of all others similarly situated, filed a complaint June 7 in the U.S. District Court for the Northern District of California against Nordic Naturals Inc., alleging violation of California's Consumers Legal Remedies Act, breach of express warranty and other claims. 

Caldwell, according to her complaint, purchased the defendant's Ultimate Omega 2X fish oil supplement from Whole Foods Market in San Francisco, California in July of 2022. She claims based on the packaging, she reasonably believed the product contained twice the amount of Omega-3s per serving than the defendant's regular Ultimate Omega product. 

Caldwell claims that the Ultimate Omega product actually contains 2150 mg of Omega-3s per serving when the regular Ultimate Omega product contains 1280, which leaves a 16% "shortfall" per serving to make it "2X." She further claims that had she and other consumers knew that the product does not contain twice the amount of Omega-3s per serving, they would not have purchased the supplement or paid significantly less for the product. 

Caldwell and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Robert Abiri and Wyatt Donen of Custodio & Dubey LLP in Los Angeles.  

U.S. District Court for the Northern District of California case number 3:23-CV-02818

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