SAN DIEGO – A $5 million class action disputes the link Dean Foods has tried to fasten between Horizon organic DHA-fortified milk and purported improvement to "brain health" in adults and children. The consumer complaint says that Dean and its subsidiary, Whitewave Foods, sell a line of four Horizon organic milk products with DHA Omega-3, a "highly processed fermented algae."
According to the federal complaint filed in San Diego, Dean and Whitewave make "false, misleading and deceptive" brain-health representations in print, radio and TV ads, and on the labels of milk cartons.
"Front and center and prominently featured by itself in a white banner running across the front of each and every milk carton, defendants state 'DHA Omega-3 Supports Brain Health,'" the complaint says. "The brain health representation also prominently appears on the top, the back and the left side panel of every milk carton."
"However, the DHA-fortified milk products do not support brain health in children or adults," lead plaintiff Evereth Barrera claims. "Defendants also do not have competent and reliable scientific evidence to support their brain health representation. Clinical cause and effect studies have found no causative link between DHA algal oil supplementation and brain health."
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