Walmart Defeats Consumer’s Fish Oil Heart Health False-Ad Suit

Walmart Inc. convinced a federal judge to toss a proposed consumer class action alleging it deceptively advertised its Spring Valley Fish Oil Omega-3 supplements as helpful for preventing heart disease.

The consumer’s underlying theory that “heart healthy” packaging statements and the use of a heart symbol make buyers falsely believe the supplement has an effect on cardiovascular disease was preempted by federal regulations, the US District Court for the Northern District of California said Oct. 18.

Judge William H. Orrick noted the question at the heart of the case was whether the label statements were function claims, which are preempted ...