Costco Accused of Falsely Marketing Fish Oil as Heart Healthy
A class action lawsuit alleges Costco misled consumers by claiming its Kirkland Signature Fish Oil supplements support heart health, despite scientific evidence showing they provide no cardiovascular benefit and may increase the risk of atrial fibrillation.
Costco faces a class action lawsuit alleging its Kirkland Signature Fish Oil products falsely claim to support heart health. The complaint cites multiple scientific studies and the National Institutes of Health showing that over-the-counter omega-3 supplements do not reduce the risk of heart disease, heart attacks, or strokes. Moreover, research indicates these supplements may actually increase the risk of atrial fibrillation, a dangerous heart arrhythmia. The lawsuit claims Costco knew or should have known these representations were false and misleading, yet continued marketing the products with prominent heart health claims while omitting material risks.
If you purchased these supplements believing they would protect your heart, you may have been misled by scientifically unsupported marketing claims.
The Allegations: A Breakdown
| 01 | Costco labeled its Kirkland Signature Fish Oil products with the claim ‘Helps Support a Healthy Heart’ on the front of every bottle, leading consumers to believe the supplements would reduce their risk of heart disease and cardiovascular events. | high |
| 02 | The complaint alleges these heart health claims are false because multiple randomized clinical trials and meta-analyses have shown no cardiovascular benefits from over-the-counter fish oil supplements at the doses sold by Costco. | high |
| 03 | Costco failed to disclose on any product labeling that fish oil supplements may increase the risk of atrial fibrillation, a potentially dangerous irregular heartbeat condition, according to multiple recent studies cited in the complaint. | high |
| 04 | The National Institutes of Health states that research indicates omega-3 supplements do not reduce the risk of heart disease, directly contradicting Costco’s front-label marketing claims. | high |
| 05 | A 2018 analysis of 10 major omega-3 supplementation studies involving 77,917 participants found no evidence that omega-3s could reduce the risk of fatal or nonfatal coronary heart disease. | high |
| 06 | The ASCEND Study of more than 15,000 patients with diabetes found no significant difference in the risk of serious cardiovascular events between those taking omega-3 supplements and those taking placebo. | high |
| 07 | The 2020 STRENGTH Randomized Clinical Trial was stopped early after finding that omega-3 supplementation did not reduce major adverse cardiovascular events and was associated with a higher incidence of atrial fibrillation. | high |
| 08 | A 2024 study published in BMJ Medicine found that for people with a healthy cardiovascular profile, regular use of fish oil supplements was associated with an increased risk of atrial fibrillation. | high |
| 01 | The FDA requires that structure function claims on dietary supplements be truthful and non-misleading, but the complaint alleges Costco’s heart health representations violate this standard. | high |
| 02 | The Dietary Supplement Health and Education Act of 1994 allows supplement makers to market products with minimal oversight compared to pharmaceuticals, as long as they avoid explicit disease cure claims. | medium |
| 03 | A JAMA Cardiology study examining over 2,800 fish oil supplement labels found that the majority make structure function claims related to heart health despite a lack of trial data showing efficacy, increasing the potential for consumer misinformation. | high |
| 04 | The complaint notes that one in five U.S. adults older than 60 takes fish oil supplements often for heart health despite multiple randomized clinical trials showing no data for cardiovascular benefit at supplement-range doses. | high |
| 05 | The FDA is resource-constrained and often acts reactively rather than proactively, requiring substantial evidence of harm or consumer complaints before intervening in supplement marketing practices. | medium |
| 06 | The complaint alleges that the supplement industry has invested heavily in lobbying to preserve a regulatory status quo that allows companies to stretch the truth about health claims with minimal fear of enforcement. | medium |
| 01 | The fish oil supplement industry is described as a multibillion-dollar industry in the complaint, with many consumers taking fish oil capsules daily believing the omega-3 fatty acids are good for their heart. | high |
| 02 | Consumers purchased Costco’s fish oil products and paid a price premium relying on the false and deceptive heart health claims, according to the lawsuit. | high |
| 03 | The complaint alleges that if consumers had known the products do not support heart health, they would not have purchased them or would have paid significantly less for them. | high |
| 04 | Costco operates more than 800 warehouses worldwide serving tens of millions of loyal members, many who are older and health-conscious, representing a massive market for fish oil supplements. | medium |
| 05 | The complaint contends that Defendant deceptively advertises the Products in order to mislead consumers and gain an advantage over other fish oil supplements that do not use deceptive claims. | high |
| 06 | Through the use of misleading representations, Costco commands a price that consumers would not have paid had they been fully informed, according to the lawsuit. | high |
| 07 | The complaint alleges that even well-meaning individuals who diligently read up on health advice encounter a swirl of contradictory claims, much of it powered by corporate marketing budgets that drown out scientific evidence. | medium |
| 01 | Heart disease is the leading cause of death in the United States, with one person dying every 33 seconds from cardiovascular disease, making consumers particularly vulnerable to misleading heart health claims. | high |
| 02 | The most common type of heart disease, coronary heart disease, killed 375,476 people in 2021, creating enormous consumer demand for products claiming to prevent heart problems. | high |
| 03 | More than half of U.S. adults do not know heart disease is the leading cause of death despite its 100-year reign, according to the American Heart Association, making them susceptible to misleading marketing. | medium |
| 04 | Atrial fibrillation is a heart arrhythmia that causes an irregular heart rhythm, which usually results from the effects of the heart not pumping as well as it should, and multiple studies show fish oil supplements may increase this risk. | high |
| 05 | A Harvard Medical School professor concluded that patients who take omega-3 fatty acids, especially in high doses, should be informed of the risk of atrial fibrillation and followed up for the possible development of this common and potentially hazardous arrhythmia. | high |
| 06 | The complaint alleges that consumers who rely on fish oil supplements may forego proven interventions like exercising, adjusting diet, or seeking medical counsel because they believe fish oil capsules are sufficient. | high |
| 07 | A registered dietitian stated that many people take fish oil because of longstanding beliefs about its potential health benefits, and once a narrative becomes deeply embedded in popular culture, it can be difficult to change even when new evidence emerges. | medium |
| 08 | A preventive cardiologist stated that she sees patients in clinic all the time taking fish oil with the belief it is helping their heart, and they are often surprised when told that randomized trials have shown no benefit for fish oil supplements on heart attacks or strokes. | high |
| 01 | The complaint alleges that at all relevant times, Costco knew or reasonably should have known that the heart health representations on the product labels are false and deceptive. | high |
| 02 | As one of the largest retailers with ample resources, Costco had the ability to examine the data behind popular medical or health claims before making representations to consumers. | high |
| 03 | The complaint contends that any cursory survey of recent medical literature on fish oil would reveal that these supplements do not meaningfully reduce heart attack risk or stroke risk. | high |
| 04 | Costco allegedly made the heart health representations with the intent to induce consumers to purchase the products at a premium price, knowing the scientific evidence did not support the claims. | high |
| 05 | The complaint alleges Costco omitted material facts it was required to disclose by failing to include information that fish oil supplements may increase the risk of atrial fibrillation and harm heart health. | high |
| 06 | Costco had a duty to disclose risks contrary to the affirmative heart health representations, but the lawsuit alleges the company chose to conceal this information to maintain sales. | high |
| 07 | The complaint states that Costco knew or should have known through the exercise of reasonable care that the heart health representations and omissions were false and misleading. | high |
| 01 | Consumers purchased the fish oil products on a recurring basis, month after month, fully expecting a meaningful health advantage and paying a premium price based on the heart health claims. | high |
| 02 | The complaint alleges this resulted in an unjust transfer of wealth from unsuspecting families to the corporation’s coffers through the sale of products that do not deliver promised benefits. | high |
| 03 | The intangible economic fallout extends beyond the pocketbook to include potential health consequences if at-risk populations forego proven interventions because they believe fish oil capsules are sufficient. | high |
| 04 | Lost in the marketing are the real, evidence-based ways to address heart disease, which can end up costing society in the form of public health burdens and increased medical costs. | medium |
| 05 | Communities with lower health literacy and fewer resources may be especially vulnerable to these marketing tactics, thereby exacerbating wealth disparity as those who can least afford it waste money on ineffective products. | medium |
| 06 | The real cost of misleading health claims is often socialized, with the public paying through higher health insurance rates, misallocated resources, and confusion over actual heart-healthy measures. | medium |
| 01 | When confronted with allegations like these, large corporations typically respond with well-honed public relations strategies designed to minimize harm to their brand while quietly mitigating legal exposure. | medium |
| 02 | The typical corporate response is to deny wrongdoing outright and argue that label claims are general statements widely accepted or compliant with FDA regulations on structure function statements. | medium |
| 03 | Corporations often shift the discussion away from wrongdoing toward other corporate virtues like philanthropic giving, employee benefits, or focus on low prices for consumers. | medium |
| 04 | If mounting legal pressure persists, a standard approach is to revise the labeling in a minor, superficial way while maintaining market presence and avoiding admission of wrongdoing. | medium |
| 05 | In many high-profile consumer class actions, defending corporations elect to settle the matter financially, distributing small refunds to claimants while denying any wrongdoing. | medium |
| 06 | Large corporations have entire crisis management teams that engage with media outlets, create positive press releases, and deliver carefully scripted messaging to limit the spread of bad publicity. | medium |
| 01 | The lawsuit alleges that Costco’s fish oil marketing is not an anomaly but emblematic of a systemic dynamic where corporations put profits before public health under lax regulatory oversight. | high |
| 02 | The complaint situates this case within a broader pattern where the dietary supplement industry exploits legal gray areas to make misleading health claims with minimal fear of enforcement. | high |
| 03 | The allegations point to a deep structural gap in how dietary supplements are regulated, marketed, and consumed, with implications far beyond a single corporation’s marketing line. | high |
| 04 | If Costco, a widely trusted retail giant, has engaged in this conduct, then the implications for the rest of the supplement industry are far-reaching, according to the complaint. | high |
| 05 | The lawsuit demonstrates the limits of market self-correction, as the truth about fish oil’s limited heart benefit has been available for quite some time yet the industry continues to flourish. | medium |
| 06 | When trust in companies to be truthful is eroded, public health and social justice suffer, with vulnerable populations bearing the greatest burden of corporate misinformation. | high |
| 07 | The case raises fundamental questions about wealth disparity, corporate ethics, and the tension between corporate profit maximization and consumer protection in a capitalist economy. | medium |
Timeline of Events
Direct Quotes from the Legal Record
“Research indicates that omega-3 supplements don’t reduce the risk of heart disease.”
💡 The federal government’s health authority directly contradicts Costco’s front-label claim that its fish oil supports heart health
“Results of this cross-sectional study suggest that fish oil supplement labels frequently include health claims in the form of structure/function claims that imply health benefits across a wide range of organ systems, increasing potential for consumer misinformation.”
💡 A major medical journal study identifies systematic misinformation across the fish oil industry, including products like Costco’s
“Heart disease along with stroke, which is the fifth leading cause of death, claimed more lives in 2021 in the U.S. than all forms of cancer and chronic lower respiratory disease combined.”
💡 The severity of heart disease makes consumers desperate for solutions and vulnerable to misleading marketing claims
“These findings, together with results of earlier randomized trials involving patients with and those without diabetes, do not support the current recommendations for routine dietary supplementation with n-3 fatty acids to prevent vascular events.”
💡 A study of over 15,000 patients found no cardiovascular benefit from omega-3 supplementation, contradicting Costco’s marketing
“Consumers have been told so many times that dietary fish oil supplements promote heart health that it seems to be accepted as factual. But this conventional thinking is not supported by the science. After decades of promises that fish oil may work, the lack of demonstrated benefit leads me to conclude that consumers are wasting their money on supplements in an effort to reduce cardiovascular risk.”
💡 A Harvard Medical School researcher directly states that the widespread belief in fish oil’s heart benefits is not supported by science
“With regard to prespecified tertiary end points, an increased rate of investigator-reported new-onset atrial fibrillation was observed in the omega-3 CA group.”
💡 A major clinical trial found omega-3 supplements increased the risk of a dangerous heart arrhythmia, a risk Costco never disclosed
“Patients who choose to take omega-3 fatty acids, especially in high doses, should be informed of the risk of atrial fibrillation and followed up for the possible development of this common and potentially hazardous arrhythmia.”
💡 A medical expert states consumers should be warned about atrial fibrillation risk, but Costco’s labels contain no such warning
“There have now been a large number of well-conducted studies which have not shown a cardiac benefit to taking over-the-counter fish oil supplements. In fact, Jacobson said, taking fish oil could even have adverse effects for some people. There is data these supplements may increase the risk of atrial fibrillation.”
💡 A chief cardiologist confirms both the lack of heart benefits and the potential for harm from fish oil supplements
“As a preventive cardiologist, I see patients in clinic all the time taking fish oil with the belief it is helping their heart. They are often surprised when I tell them that randomized trials have shown no benefit for fish oil supplements on heart attacks or strokes.”
💡 Medical professionals routinely encounter patients misled by fish oil marketing into believing they are protecting their hearts
“At all relevant times, Defendant has known or reasonably should have known that the Heart Health Representation on the front label of the Products is false and deceptive, and that Plaintiff and other members of the California Consumer Subclass would reasonably and justifiably rely on this representation when purchasing the Products.”
💡 The lawsuit alleges Costco knowingly made false claims, not that it made an innocent mistake
“Plaintiff and other consumers purchased the Products and paid a price premium relying on the false and deceptive labeling, advertising, and marketing of the Products.”
💡 Consumers paid more money than they should have based on heart health claims that were scientifically unsupported
“Had Plaintiff and other consumers been aware that the Products do not support heart health, they would not have purchased the Products or would have paid significantly less for them.”
💡 The lawsuit establishes that consumers made purchasing decisions based specifically on the false heart health claims
“One in 5 US adults older than 60 years takes fish oil supplements often for heart health despite multiple randomized clinical trials showing no data for cardiovascular benefit for supplement-range doses. Statements on the supplement labels may influence consumer beliefs about health benefits.”
💡 The problem extends beyond Costco to an entire industry making unsupported heart health claims that mislead millions of consumers
“For people with a healthy cardiovascular profile, regular use of fish oil supplements was associated with an increased risk of atrial fibrillation.”
💡 A 2024 study found fish oil supplements may actually harm heart health by increasing arrhythmia risk, the opposite of what Costco claims
“The supplement industry, anecdotal evidence and earlier studies have often promoted these benefits. Once a narrative becomes deeply embedded in popular culture, it can be difficult to change, even when new evidence emerges.”
💡 Corporate marketing has created a false cultural belief about fish oil that persists despite scientific evidence to the contrary
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