A lawsuit that accuses Bumble Bee Foods of labeling its canned tuna in an illegal fashion has been greenlit to move forward.
A federal judge has denied Bumble Bee’s motion to dismiss the case, which claims that the tuna canner was not within its legal rights to label its tuna as an “excellent source of Omega-3s.” Plaintiff Jospeh McMahon argues that a company is not allowed to claim that their product is an excellent source of a nutrient unless that nutrient comprises 20 percent or more of Food and Drug Administration’s recommended daily intake (RDI) or daily reference value (DRV).
However, no RDI or DRV has been set for Omega-3 fatty acids – rather, food manufacturers that wish to label their products in instances such as these are required to submit an application to the FDA with a statement from the National Academy of Sciences or another high-ranking governing health entity.
According to McMahon’s case, back in 2005, a handful of Bumble Bee’s major competitors submitted the proper application materials to the FDA. Thereafter, competitors started labeling their tuna and seafood products as “an excellent source of Omega-3s.” Months later, per the allegations, Bumble Bee started selling products with the same label on their cans, but the company had not turned in the proper documentation, reported the Cook County Record.
Back in 2007, the FDA decided tuna manufacturers could no longer make qualitative claims about Omega-3s on products and set a new implementation rule for labels to take effect on 1 January 2016. Bumble Bee argued that this new Food, Drug and Cosmetic Act nullifies McMahon’s claims that the company violated the Illinois Food, Drug and Cosmetic Act.
Bumble Bee moved to dismiss the case or stay the case until 1 January of next year, when the new rule takes effect, but was denied by U.S. District Judge John C. Tharp Jr. on the grounds that the company did not follow the proper application proceedings to label its products as it did.
“Nothing in McMahon’s complaint indicates that he is seeking to enforce the Omega-3 rule that becomes effective on Jan. 1, 2016,” Tharp wrote. “McMahon’s complaint makes abundantly clear that he is seeking to enforce provisions of the FDCA that are in effect now.”
Goodwin Procter LLP and the Bernstein Law Firm are defending Bumble Bee in the case.
