Introduction
A lawsuit has been filed against Costco Wholesale Corporation, alleging that the company is falsely labeling its canned tuna as “dolphin safe” when in fact it is not. The lawsuit, filed in the U.S. District Court for the Northern District of California, claims that Costco is misleading consumers by labeling its canned tuna as “dolphin safe” when it is not. The lawsuit seeks to stop Costco from continuing to make false and misleading statements about its canned tuna and to provide restitution to consumers who have been misled by the company’s labeling. The lawsuit also seeks to require Costco to properly label its canned tuna as “dolphin safe” or “not dolphin safe” in order to accurately inform consumers.
Lawsuit Claims Costco’s Canned Tuna Is Not “Dolphin Safe”
A class-action lawsuit has been filed against Costco Wholesale Corporation, alleging that the company’s Kirkland Signature Solid White Albacore Tuna in Water is not “dolphin safe” as advertised.
The lawsuit, filed in the U.S. District Court for the Central District of California, claims that Costco’s canned tuna is not “dolphin safe” because it is caught using a fishing method known as “purse seine” fishing, which involves encircling a school of fish with a large net. This method of fishing has been linked to the death of dolphins, as they can become entangled in the nets.
The lawsuit alleges that Costco’s labeling of its canned tuna as “dolphin safe” is false and misleading, and that the company is in violation of California’s Unfair Competition Law and False Advertising Law. The lawsuit seeks to represent all consumers who purchased the tuna in California, and is seeking damages, restitution, and an injunction to prevent Costco from continuing to label its tuna as “dolphin safe.”
Costco has yet to respond to the lawsuit, but the company has previously stated that its tuna is caught using sustainable fishing methods and that it is committed to protecting dolphins and other marine life.
After facing allegations of selling worm-infested fish, violating livestock welfare laws, and spying on its online customers, Costco is back in court. This time, the issue is canned tuna.
A federal judge on Tuesday rejected Costco’s request to dismiss a class-action lawsuit accusing the warehouse club of false advertising, according to Reuters.
The case specifically involves Costco’s Kirkland Signature White Albacore In Water, a product labeled “dolphin safe,” complete with illustrations of the finned sea creatures on its packaging—a common form of marketing in today’s canned tuna business. A pack of eight 7-ounce cans regularly sells for about $15 at the warehouse club.
The lawsuit claims that Costco’s labeling “deceives millions of consumers” because “the grim reality is that the [p]roducts are sourced using fishing methods that seriously injure and kill thousands of dolphins and other marine life each year.”
The suit notes that Costco struck a deal with Bumble Bee Foods in 2002 to supply the tuna for its Kirkland brand products, and that Bumble Bee openly admits on its website to using longline fishing practices, a method that commonly ensnares other marine life, including dolphins. Bumble Bee and other popular canned tuna brands, including Chicken of the Sea and StarKist, previously faced similar lawsuits over “dolphin safe” claims on their product labels.
Costco’s lawyers argued in court that the retailer makes no specific promises about its fishing practices beyond the “dolphin safe” logo, and that the lawsuit merely speculates on these methods.
However, U.S. District Judge William Orrick deemed the allegations plausible enough to proceed, noting that reasonable consumers would infer from Costco’s logo that the company’s sourcing methods support “protection of and respect for” marine life.
The judge added that the truth behind these claims is important because consumers “overwhelmingly” prefer dolphin safe-labeled tuna products when given the choice.
Sign up for our newsletter!
Chris Shott