- A class-action lawsuit was filed in a district court in California last month alleging that Target’s Good and Gather branded seafood products were falsely and deceptively labeled as “sustainably caught.” The seafood products in question were also certified as “sustainable seafood” by the Marine Stewardship Council (MSC), a third-party certification program.
- The complaint alleges that a reasonable consumer would understand the claim to mean that the source fisheries “are maintaining healthy fish populations and protecting ocean ecosystems.” The complaint cites a back of package statement which, under a “sustainable seafood” heading, states that the “seafood is wild caught using sustainable practices to help protect ocean resources for future generations to enjoy.” Other corporate materials and statements are also cited.
- The complaint alleges that the seafood products in question are in fact a product of fishing practices such as longlines and purse seines (large nets) that indiscriminately capture all marine life. The complaint further alleges that the supply chain has little transparency and that MSC is a for-profit organization which has an inherent conflict of interest.
- Sustainability claims are generally adjudicated based on the expectations of the “reasonable consumer” (as determined by the court). Statements made by the Defendant in its labeling and marketing materials may inform this inquiry.