Bumble Bee Wants ‘Dolphin Safe’ Class Action Dismissed

Bumble Bee Foods recently asked a federal judge to toss a class action over their “dolphin safe” tuna labeling, arguing that federal law prevails here.

Bumble Bee claims that the class action lawsuits are simply an attempt to “legislate new standards using state consumer protection laws” despite these state laws being preempted by the federal Dolphin Protection Consumer Information Act.

The Dolphin Protection Consumer Information Act requires certain standards in fishing practices in order to protect dolphins.

Bumble Bee argues that their fishing practices fully adhere to the federal act’s standards, meaning that their “dolphin safe” labeling is completely legal.

“Plaintiffs do not allege that any dolphins were killed or injured in tuna catches that Bumble Bee labeled dolphin-safe. Nor do plaintiffs allege that Bumble Bee failed to comply with the comprehensive federal labeling scheme,” the Bumble Bee class action dismissal motion states.

“Plaintiffs instead attempt to use this lawsuit to impose heightened standards under state consumer protection laws, and to outlaw fishing methods they do not like, but the federal government authorizes.”

Three separate dolphin safe class action lawsuits were filed in May 2019. Plaintiff Tara Duggan filed her Bumble Bee class action, but other plaintiffs filed similar complaints against Nestle and StarKist.

The canned tuna class action lawsuits claimed that the companies use harmful fishing methods and deceive consumers into thinking that their products do not contribute to the harm of dolphins.

The companies’ fishing partners allegedly use purse seine nets and fish-aggregating devices, which the plaintiffs call “floating death traps.” These fishing tools reportedly drop fishing net curtains around schools of tuna but may trap dolphins along with the fish.

However, Bumble Bee argues that tuna catches can still be labeled and sold as “dolphin safe” as long as the captain of the fishing vessel certifies that no dolphins were killed. Federal requirements allow fishing vessels to use purse seine nets and fish-aggregating devices as long as dolphins are not killed.

“As long as no dolphins were killed or seriously injured, and certification requirements are met, tuna products may be labeled dolphin safe under the current federal labeling scheme,” the Bumble Bee class action dismissal motion says. “The main defect in plaintiffs’ theory is that federal law authorizes these fishing methods.”

Duggan is represented by Patricia N. Syverson and Manfred P. Muecke; Elaine A. Ryan and Carrie A. Laliberte of Bonnet Fairbourn Friedman & Balint PC; Brian D. Penny of Goldman Scarlato & Penny PC; Brian M. Brown of Zaremba Brown PLLC; and Stuart A. Davidson, Christopher C. Gold and Bradley M. Beall of Robbins Geller Rudman & Dowd LLP.

The Bumble Bee, StarKist, Nestle Purina Dolphin Safe Class Action Lawsuits are Duggan, et al. v. Bumble Bee Foods LLC, Case No. 4:19-cv-02564, in the U.S. District Court for the Northern District of California; Myers, et al. v. Nestle Purina Petcare Company, Case No. 5:19-cv-00898, in the U.S. District Court for the Central District of California; and Gardner, et al. v. Starkist Co., Case No. 3:19-cv-02561, in the U.S. District Court for the Northern District of California.

UPDATE: On Feb. 3, 2020, in a motion to dismiss a class action lawsuit, StarKist says that consumers do not expect their “dolphin safe” canned tuna labels to mean that the marine mammals are completely safe from fishing practices used to harvest the popular seafood.  

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