As Per A Class Action, GNC Triple Strength Fish Oil Isn’t Really Fish Oil
According to a recent national class action lawsuit, the marketing of GNC Triple Strength Fish Oil is questionable, as the substance contains not “a single milligram” of EPA or DHA omega-3s.
The Class Action Lawsuit
On Thursday, Plaintiff John Gatto filed a class action lawsuit in a federal court in California. He claimed that International Vitamin Corporation (IVC) and its subsidiary Nutra Manufacturing violated federal and state laws in their marketing of GNC Triple Strength Fish Oil.
According to the lawsuit, IVC and Nutra manufacture, label, and sell “Triple Strength Fish Oil,” claiming that it contains 734 mg of Eicosapentaenoic Acid (EPA) and 266 mg of Docosahexaenoic Acid (DHA).
The essential omega-3 fatty acids EPA and DHA are found naturally in fish. However, the class action lawsuit argues otherwise and that the product isn’t really what it claims to be.
It states, “Contrary to what is represented on the label, this Product is not fish oil, nor does it contain a single milligram of EPA or DHA.”
At the same time, the lawsuit argues that what was once natural fish oil has been subjected to a chemical process that has significantly transformed and irreversibly altered its molecular structure and constituent parts into a synthesized product that does not exist in fish or nature.
According to John Gatto, the makers of GNC Triple Strength Fish Oil have been deceptively selling their product to take advantage of the lucrative $1.9 billion global fish oil market. On the GNC website, a single pack of 120 softgels of the product costs $39.99.
In addition, Gatto claimed that the product had been transformed through a chemical process called trans-esterification, so it is no longer fish oil.
As per the class action, an industrial solvent is added to the fish oil during the trans-esterification process. It will then be followed by ethanol, stripping it of hundreds of its constituent sub-ingredients. DHA and EPA are among the Omega-3s that are converted into “ethyl esters.”
Aside from that, because of its chemical composition, it was claimed that U.S. Customs and Border Protection tax the product differently from natural fish oil.
Since fish oil is irreversibly converted after it has been trans-esterified, it can no longer be called or labeled fish oil.
To do so, as IVC has, is wrong, inaccurate, misleading, illegal, and constitutes an actionable fraud on the consuming public, the claim states.
Unsuspecting Consumers Affected
Additionally, Gatto stated that “tens of thousands of unsuspecting consumers in New York and the United States” were being sold the product.
So he wants to represent those who purchased the product in the United States, as well as a subclass of New Yorkers.
He is seeking damages, compensation, fines, an order prohibiting the defendants from mislabeling the product, charges, fees, and a jury trial.
The class action charges unjust enrichment and breach of warranty, as well as violations of California’s Business and Professions Codes and Civil Codes, as well as New York General Business laws.
Editor’s Note on GNC Triple Strength Fish Oil Class Action Lawsuit:
This article is published to inform you of the latest class action lawsuit filed against International Vitamin Corporation (IVC) and its subsidiary Nutra Manufacturing. They allegedly labeled their fish oil as “Fish Oil” when it has already undergone the trans-esterification process.
Case name & no.: Gatto et al., v. International Vitamin Corporation et al., Case No. 8:21-cv-00889-JLS-DFM, in the U.S. District Court Central District of California Southern Division
Service: Nutritional supplement manufacturer
Allegation: Labeling their fish oil as “Fish Oil” when it has already undergone the trans-esterification process
Have you bought a GNC Triple Strength Fish Oil recently? Have you experienced any issues? What do you think about the lawsuit? If something does not feel right, do not hesitate to message us by clicking the ‘Contact Us’ button below. We would love to hear from you.
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