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Candy Sold as ‘Brain Booster’ Challenged

SEATTLE (CN) - L'il Critters Omega-3 Gummy Fish have "very little, if any, of the omega-3 fatty acids" bruited on the label, a class action claims in King County Court. The class objects to defendant Northwest Natural plugging its product as "Smart Gummies for Smart Kids," and a "Brain Booster."

The class action comes as the FDA announced a campaign of its own against companies, some of them giants, that push their products with misleading claims about their nutritional value.

In the Gummy Fish case, the class says Northwest Natural labels its treat as having DHA omega-3, which is "widely recognized for its association with healthy brain development and function in both children and adults."

But the class claims, "Instead of DHA, Omega-3 Gummy Fish contain primarily, if not exclusively, ALA. This is significant because ALA is not associated with healthy brain development and/or function."

The four named plaintiffs say they were duped by Northwest Natural's deceptive advertising and seek damages for unlawful business practices, breach of warranty, conversion and unjust enrichment. They are represented by Douglas McDermott with McDermott Newman.

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