A lawsuit alleging tuna sold by Issaquah, Washington, U.S.A. based retailer Costco makes false claims of being “dolphin-safe” has advanced.
U.S. District Court Judge William H. Orrick III ruled on 17 January, 2023, a proposed class-aciton lawsuit filed on behalf of Melinda Wright, a resident of the U.S. state of California, contained plausible allegations Costco broke its own pledge to adhere to a “dolphin-safe” standard in regard to its tuna. Wright said she paid USD 15.00 (EUR 13.80) for eight cans of Kirkland Signature White Albacore Tuna in Water at a Costco in Ukiah, California, in 2021, and “would not have done so or would have paid less had she known Costco's claims were misleading,” according to the suit.
“Costco’s false advertising scheme deceives millions of consumers into believing the products are ‘dolphin-safe,’ meaning they are manufactured using fishing methods that neither kill nor harm dolphins. However, the grim reality is that the products are sourced using fishing methods that seriously injure and kill thousands of dolphins and other marine life each year. Costco knowingly and intentionally labels and advertises its products as ‘dolphin-safe,’ to increase profits at the expense of sustainability concerned consumers and innocent marine life, while gaining an unfair economic advantage over their law-abiding competitors that sell truly ‘dolphin-safe’ tuna products,” the lawsuit claims.
Costco’s claim it uses "100% Monofilament Leaders & Circle Hooks," and that its tuna is"100% Traceable from Sea to Shelf," cannot be verified, and furthermore, the use of monofilament leaders and circle hooks in longline fishing by the companies sourcing tuna for Costco, is not a practice guaranteed to be completely dolphin-safe, according to the lawsuit.
Costco, which had asked Orrick to dismiss the case, said it had made no promises about dolphin safety beyond the use of the "dolphin-safe" logo on labels adhered to its canned tuna. But Orrick said Wright’s argument that Costco “fraudulently pledged adherence to a higher dolphin-safe standard than federal law requires, and then broke its "heightened promise,” had enough merit to advance the case.
The lawsuit could have wider implications for the seafood industry, as it identifies “rampant lack of accountability and widespread unreliable reporting on bycatch” as an issue impacting claims made by eco-labels widely used on retail products in the United States and globally. Orrick further ruled Costco shoppers would interpret Coscto’s previous statements about its seafood sourcing policies that its fishing practices promoted "protection of and respect for" marine life, with limited negative environmental effects. The judge said this point was of particular importance because consumers "overwhelmingly" prefer tuna labeled dolphin-safe when given a choice.
Costco had no immediate comment and lawyers for Wright did not immediately respond to requests for comment from Reuters.
Bumble Bee Foods, Chicken of the Sea, and StarKist were hit with a lawsuit in 2019 regarding their use of the “dolphin-safe” label, and the Mexican government lost a decade-long battle with the World Trade Organization over the use of the label in 2018.
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