as fucked as the fda can be, this is a labeling issue. i dislike an agency controlling what can/can't be said on products, but since that's the case, you gotta play by the rules. omega3's are good, but it's not cool for one company to break the rules on how far you can go w/ your claims while every other producer of <insert food here*> follows the rules.
*= would everyone here feel as strongly if the product in question were a bucket of fried chicken? after all, there's o3's in there too.