The Global Seafood Alliance and the New England Aquarium say they should be able to submit information supporting the sustainability of farm-raised tilapia in a class-action lawsuit brought against Gorton’s.
The lawsuit, filed in April 2022, claims that Gloucester, Massachusetts, U.S.A.-based Gorton’s has used deceptive seafood marketing regarding its sustainability claims. Although Gorton’s tilapia products are labeled “sustainably sourced,” they are not, the plaintiffs allege.
“In reality, the products are made from tilapia … industrially farmed using unsustainable practices that are environmentally destructive and inhumane,” the complaint said.
The plaintiffs, Jeffrey Alan Spindel and Kevin McCarthy, are claiming more than USD 5 million (EUR 4.9 million) in damages.
In separate 25 July court filings, GSA – which operates the Best Aquaculture Practices certification program – and the New England Aquarium responded to the plaintiffs' opposition to their filing amicus curiae briefs in the case.
“Third-party certification standards are relevant and admissible because plaintiffs themselves have placed them at issue in the complaint by referencing Gorton’s webpages, which discuss the steps Gorton’s takes to ensure its seafood is responsibly sourced, including third-party certification by BAP and similarly benchmarked certification bodies,” GSA and the Aquarium said.
Detailed third-party certification information is “the sort of unique information or perspective that can help the court beyond the help that the lawyers for the parties are able to provide,” they wrote.
GSA’s experience operating BAP and other third-party sustainability certification programs gives it a unique perspective that can augment the court’s understanding of the issues at play in the case, it said.
“Leading marine conservation groups, seafood industry participants, and seafood sustainability organizations – which make recommendations to consumers to help them buy sustainable seafood – view sustainable seafood through the lens of benchmarked third-party certification and auditing,” GSA and the Aquarium wrote.
For example, Seafood Watch, which recommends that consumers purchase BAP-certified tilapia sourced “worldwide,” has advised its partner seafood companies – including Gorton’s – to rely on credible third-party certification to meet reasonable consumers’ expectations for sustainably-sourced farmed seafood.
“Put another way, the proposed brief argues that the views and recommendations of relevant consumer and/or sustainability-focused organizations like Seafood Watch, the Global Sustainable Seafood Initiative, and the Aquarium inform the reasonable meaning of ‘sustainably sourced’ in seafood marketing,” GSA and the New England Aquarium said.
The seafood-sourcing policies of certain retailers like Walmart demonstrates that “leading industry participants have followed suit by adopting policies and sustainability goals based on the use of credible third-party certification programs,” they said.
“Plaintiffs’ suggestion that the proposed brief merely espouses the views of seafood retailers, an ‘industry trade group,’ and a ‘commercial aquarium’ is therefore incorrect and misleading,” GSA and the Aquarium said.
Plaintiffs’ attempt to contend that GSA – which is based in Portsmouth, New Hampshire, U.S.A. – is not independent is also “misguided,” the organization wrote.
"GSA is a nonprofit trade association dedicated to advancing environmentally and socially responsible aquaculture. As noted, GSA develops its BAP standards with broad stakeholder involvement, including the use of a standards oversight committee, whose members represent one-third industry, one-third non-governmental conservation and social justice organizations, and one-third academic and regulatory interests’,” GSA wrote.
Likewise, the Boston, Massachusetts, U.S.A.-based New England Aquarium is a nonprofit organization “whose commitment to marine animal conservation is beyond reproach,” the groups said. The aquarium has partnered with Gorton's since 2008 with a focus on improving the company's sustainability practices.
“Engaging and partnering with seafood companies, including Gorton’s, does not, as the opposition suggests, negate their independence or ability to assist the court,” the aquarium wrote. “Rather, such partnerships advance both organizations’ objectives by educating seafood companies and advising them to adhere to responsible practices.”
“The court should reject plaintiffs’ misguided attempts to discredit and disregard the views of independent third-party organizations which are deeply committed to responsibly sourced seafood,” they added.
Dije Ndreau, a senior associate with Richman Law and Policy, which represents the plaintiffs, declined to respond a request for additional comment from SeafoodSource.
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