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Gaminde v. Lang Pharma Nutrition Inc.

Dismissal of False Advertising, Breach Class Suit Over Krill Oil's Mislabelling Explained

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MEMORANDUM-DECISION AND ORDERI. Introduction Plaintiff James Gaminde commenced this putative class action on behalf of purchasers of CVS 100 percent Pure 300mg Omega-3 Krill Oil (hereinafter “CVS Krill Oil”) against defendants Lang Pharma Nutrition, Inc., CVS Health Corporation, and CVS Pharmacy, Inc. (Compl., Dkt. No. 1.) Gaminde alleges that CVS Krill Oil contains only approximately sixty percent of the 300mg of Omega-3 Krill Oil represented by the label, (id.

3, 8, 14-16), and brings state law claims for deceptive acts or practices, false advertising, breach of express warranty, breach of implied warranty of merchantability, unjust enrichment, and fraud, (id.

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