Ducktrap Salmon Is Mislabeled, Class Action Lawsuit Claims

UPDATE:

• On March 16, 2021, the plaintiffs submitted a proposed $1.3 million settlement agreement covering a Class of consumers who purchased Mowi Ducktrap salmon since March 1, 2017.

A class action lawsuit claims that Ducktrap salmon products are not actually sustainably sourced, natural, nor from Maine.

Neversink General Store brings their class action lawsuit against Mowi USA LLC and Mowi Ducktrap LLC, challenging the company’s marketing of their salmon products. The companies reportedly sell smoked Atlantic salmon under the brand name “Ducktrap River of Maine” – referencing a river near the coastline of Maine.

False Advertising Claims

Ducktrap salmon is reportedly marketed using a variety of attractive statements such as “sustainably sourced,” “All Natural,” and “from the coast of Maine.” These and other representations allegedly convince consumers that the salmon products are of high quality and worth a premium price.

However, according to Neversink’s recent class action lawsuit, these representations are false and misleading.

Unsustainable Industrial Fishing Practices Alleged

The general store challenges representations seen on Ducktrap salmon such as “sustainably sourced,” “farm sustainably,” “WE CARE for the ecosystem,” “environmentally sustainable,” and “eco-friendly.” These representations allegedly give the impression that the Atlantic salmon used in the products is sourced sustainably in accordance with higher environmental and animal welfare practices.

In reality, the Ducktrap salmon products are reportedly sourced from industrial fish farms in Chile, Scotland, Iceland, and Norway. Neversink contends that these fish are farmed through open net pen aquaculture and with the use of wild caught fish as feed – practices which have been criticized for their negative environmental consequences.

According to the Ducktrap salmon class action lawsuit, this sourcing also contradicts product representations such as “Naturally Smoked Salmon FROM MAINE” and “from the coast of Maine.”

Salmon Not ‘All Natural’

The Ducktrap salmon class action lawsuit also challenges the “All Natural” and “100% All Natural” representations on the smoked salmon products. In contrast with these representations, Ducktrap salmon is allegedly made from salmon which is routinely exposed to artificial chemicals such as antibiotics, sedatives, insecticides and chemical disinfectants. Some of these chemicals such as formaldehyde-based formalin are known carcinogens while other such as bleach are hazardous to consumer health.

Misleading Consumers for Profit

All of these misrepresentations allegedly mislead consumers about the nature and quality of Ducktrap salmon products.

“Consumers are particularly vulnerable to these kinds of false and deceptive labeling and marketing practices,” the Ducktrap class action lawsuit notes. “Most consumers are unable to verify that products, such as Defendants’, are accurately labeled.”

These misrepresentations allegedly have a material impact on consumer purchasing decisions. For example, consumers are reportedly willing to pay a higher price for products which are marketed as sustainable, natural, and local in order to support the environment, their health, and their local farmers.

By using misrepresentations on Ducktrap salmon, Mowi allegedly deceives consumers into paying a higher price for no reason. According to Neversink, these actions are intentional with the goal of misleading buyers.

“Mowi continues to falsely and misleadingly market, advertise, package and/or sell the Products to the general public with the Sustainability Representations; Natural Representations; and Maine Representations,” the Ducktrap salmon class action lawsuit contends.

“The only conceivable purpose for falsely and deceptively making these claims about the Products is to stimulate sales and enhance Mowi’s profits.”

Consumers Overpaid, Say Plaintiffs

As a result of this conduct, Neversink and other individuals have allegedly been financially harmed. These buyers were reportedly deceived into overpaying for a product or even purchasing a product they otherwise would not have if they had known the truth.

According to Neversink, this conduct is not only unfair but is also unlawful under state consumer protection laws.

In the Ducktrap salmon class action lawsuit, Neversink seeks to represent a Class of consumers who purchased any of the smoked salmon products which were misrepresented.

Neversink also seeks to represent two subclasses. First, the plaintiff seeks to represent a subclass of New York purchasers. Second, Neversink aims to represent a multi-state Class of purchasers from California, Florida, Illinois, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Rhode Island, Washington, and Wisconsin.

On behalf of themselves and the proposed Classes, Neversink seeks restitution, disgorgement, statutory damages, punitive damages, civil penalties, interest, court costs, and attorneys’ fees. The plaintiff also seeks injunctive relief requiring the defendants to cease misrepresenting their Ducktrap Salmon products.

$1.3M Settlement Proposed

Plaintiffs have reportedly submitted a proposed settlement agreement for approval by a New York federal judge.

Under the terms of the settlement, consumers who purchased allegedly deceptively labeled Mowi Ducktrap salmon products since March 1, 2017 could receive a class action rebate. Class Members without proof of purchase may be able to claim $2.50 per product, up to $25, say court documents.

In addition, the company has agreed to remove the following phrases from Ducktrap salmon packaging and marketing materials: “sustainably sourced,” “all natural,” and “Naturally Smoked Salmon FROM MAINE.”

The proposed settlement agreement will still need to be approved by the court and already faces objections over attorney fees.

Did you purchase Ducktrap salmon products? Share your experiences in the comment section below.

Neversink General Store and the proposed Class are represented by Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC along with Gary M. Klinger, Gary E. Mason, and David K. Lietz of Mason Lietz & Klinger LLP.

The Ducktrap Salmon Class Action Lawsuit is Neversink General Store v. Mowi USA LLC, et al., Case No. 1:20-cv-09293, in the U.S. District Court for the Southern District of New York.

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