Nature’s Bounty Fish Oil False-Ad Suit Recommended for Dismissal

A proposed class suit alleging Nature’s Bounty Inc. and Bountiful Co. deceptively market fish oil supplements is preempted by federal law and the plaintiffs’ theory isn’t plausible, a federal magistrate judge said in recommending dismissal.

Mashon Baines and Nancie Froning alleged that the processing method for “Nature’s Bounty 1400 mg Fish Oil” makes the name false because the finished product doesn’t contain the most significant constituent ingredients of fish oil. They seek to represent classes of New York and California consumers.

• The name “fish oil” is the product’s common name and is required by the federal Food Drug and Cosmetic ...