FTC Sends Refunds to Consumers Who Bought Fish Oil Supplements Marketed with Unproven Health Claims

Lori Kalani, Bernard Nash
Cozen O'Connor
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Cozen O'Connor

  • The FTC announced that it is refunding a total of $396,431 to more than 1,800 consumers nationwide as part of its final settlement with German multinational chemical company BASF SE, its U.S. subsidiary, and BASF-retained marketing company DIEM Labs, LLC (collectively, “BASF”) resolving allegations that BASF made deceptive and scientifically unsupported claims to market its dietary fish oil supplements in violation of the FTC Act.
  • As previously reported, the complaint alleged that BASF deceptively advertised two dietary fish oil supplements, rich in omega-3 fatty acids, as clinically proven to reduce liver fat in individuals with non-alcoholic fatty liver disease.
  • Under the terms of the final consent order, in addition to paying for consumer restitution, BASF is prohibited from making any health claims related to its fish oil products unless these claims are substantiated by data from randomized human clinical trials.

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