Whole Foods Fish-Oil Quantity Deception Win Upheld on Appeal

Whole Foods Market Group Inc. held onto a win in a proposed class suit alleging it fools consumers about the quantity of Omega-3 fatty acids in certain fish oil products.

Julian Foster filed a proposed class suit alleging that the front label of Whole Foods’ Fish Oil softgels misleadingly indicated that the product contains 1000mg of Omega-3s EPA and DHA per serving—one capsule—but each capsule actually contains only 300mg of the Omega-3s.

• The front label had the statement “1000mg Per Serving” beneath “Omega-3s EPA & DHA,” and above “From Small Cold-Water Fish” and “Molecularly Distilled”
• Foster didn’t show that the ...