A nationwide consumer class action lawsuit filed in US district court on Feb. 27 alleges Trident Seafoods and Costco Wholesale engaged in false, deceptive and misleading practices with the labeling of their “Kirkland Signature Wild Alaskan Fish Oil” product.

“According to independent lab tests, [the] defendants’ product does not contain the listed amount of ‘other omega fatty acids’ (omega-5, 6, 7, 9 and 11),” the class action complaint states.

The plaintiffs — New York resident Ricarlos Guzman and other consumers across the US — seek economic damages equaling the aggregate purchase price, among other damages. The complaint demands a trial by jury.

Trident CEO Joe Bundrant declined to comment specifically on the lawsuit to Undercurrent News, adding, “we dedicate tremendous resources to ensure that all the products we produce meet the labeling laws that are required in each country we do business”.

When pressed on whether the products contain the omega fatty acids the label lists, he said, “if they’re on the label, they’re in there,” noting the product lists fatty acids 3, 5, 6, 7, 9 and 11.

The plaintiffs’ lawyer, Michael Gabrielle, alleges in the complaint Trident and Costco are “fully aware” their product does not contain the listed amount — 720mg — of fatty acids 5, 6, 7, 9; and he claims there is no scientific literature available saying omega 11 fatty acids are typically found in fish.

Gabrielle did not respond to request for comment from Undercurrent, and a spokesperson with Costco told Undercurrent the company is unable to comment at this time.

In the complaint, Gabrielle demands a refund for each client and other monetary damages, as well as attorney’s fees, among other damages related to the alleged false claims, which he says violated 35 different states’ unfair and deceptive practices laws.

Central to his argument is that the allegedly false claims caused plaintiffs to pay for a product that he calls “valueless”, for allegedly lacking all 720mg of the aforementioned fatty acids.

In total, the bottle advertises having 1,050mg of whole omega fatty acids, including omega 3.

“Defendants’ misrepresentations were material to plaintiffs’ and class members’ decision to pay a significant premium for the product,” Gabrielle states.

He argues the product’s alleged lack of the fatty acids advertised diminishes the value of the product so much that they would not have purchased the product because “countless other proven and less-expensive fish oil supplements exist”.