Following a class action filed by the plaintiff Cheryl Caldwell, the label of the dietary supplement product “Ultimate Omega 2X'' has been considered deceptive as it would plausibly mislead a reasonable consumer to believe that the product contains twice the amount of omega-3s as the standard “Ultimate Omega'' product.
In its motion the Defendant has argued that the product’s packaging never states it contains twice the amount of omega-3. The front of the packaging plainly states in bold letters that the product contains 2,150 milligrams of omega-3, and a rational consumer could not infer that the product contains more than that amount. However, the judge has granted the plaintiff's claim considering the product label’s meaning is only clarified by cross-checking another product’s label, which a reasonable consumer should not be expected to do.
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