Judge trims class action alleging Walmart makes false sustainability claims about seafood

Update:

• An Illinois federal judge dismissed claims related to 12 Walmart products but allowed three to remain in a lawsuit related to the company’s sustainability claims.
• U.S. District Judge Manish S. Shah writes that Plaintiff Marissa Sanchez did not have standing to continue with claims related to 12 products she did not purchase but could continue with the lawsuit related to Walmart’s pink salmon filets, frozen Pacific Cod and breaded fish sticks because Sanchez purchased those products.
• Judge Shah will allow Sanchez to amend the class action lawsuit.
• He also says Sanchez’s claim related to Walmart’s sustainability commitment could not continue but that its “Sustainably Sourced – 100% – Sustainability” label is allowed to continue as a potentially deceptive statement.

Bumble Bee, Walmart seafood products class action lawsuits overview: 

• Who: Marissa Sanchez filed a class action lawsuit against Walmart Inc., while Abdallah Nasser, John Bohen and Sanchez filed a separate class action lawsuit against Bumble Bee Foods LLC.
• Why: Walmart and Bumble Bee Foods are separately accused of falsely advertising that their seafood products with a blue stamp certification from the Marine Stewardship Council are sustainably sourced.
• Where: The class action lawsuits were independently filed in Illinois and California federal courts.

(March 8, 2023)

Walmart and Bumble Bee Foods falsely advertise that seafood products they manufacture and sell are sustainably sourced, according to a pair of new class action lawsuits filed separately against the companies. 

Plaintiff Marissa Sanchez claims Walmart “charges a premium” for its frozen Great Value and Sam’s Choice seafood products due to its promise of the products being “certified sustainable seafood.” 

Sanchez argues Walmart’s sustainability claims are backed up with a “prominent certification” in the form of a blue stamp from the Marine Stewardship Council (MSC) that, in reality, is not valid proof of sustainable fishing practices. 

“As Walmart knew or should have known, MSC hands out this certification to those who use industrial fishing methods that injure marine life as well as ocean habitats with destructive fishing methods,” the Walmart class action states. 

Sanchez claims the MSC also will allow a company to obtain certification by getting a paid membership, which she argues creates “a potential conflict of interest.” 

“Despite the MSC certification, Walmart sources its Products using fishing practices that indiscriminately harm ocean ecosystems,” the Walmart class action states.

Sanchez wants to represent a nationwide class, an Illinois class, and a multi-state consumer fraud class of individuals who have purchased Walmart seafood products advertising that they have been sustainably sourced. 

Bumble Bee ‘turns a blind eye’ to unsustainable fishing practices, says class action 

Sanchez, along with Abdallah Nasser and John Bohen, filed a separate class action lawsuit against Bumble Bee over claims the company falsely advertised that certain of its seafood products were sustainably sourced. 

The plaintiffs claim Bumble Bee uses a blue stamp certification from the MSC that “deceives and misleads reasonable consumers into believing the Products are sourced from sustainable fishing practices.”

Despite the MSC certification, the plaintiffs argue Bumble Bee “turns a blind eye” to “unsustainable fishing practices” they claim are used for sourcing its seafood products that contain the blue stamp. 

“Despite the MSC certification, Bumble Bee sources its Products using fishing practices that indiscriminately harm ocean ecosystems,” the Bumble Bee class action states. 

The plaintiffs want to represent a nationwide class, a California class, a Illinois class and a Virginia class of consumers who have purchased Bumble Bee seafood products that have an MSC blue stamp certification. 

Both the Bumble Bee and Walmart class action lawsuits are requesting declaratory and injunctive relief along with an award of monetary, treble, statutory and punitive damages for all class members. 

In October, a class action lawsuit accusing major tuna producers of working together to fix prices in the tuna industry was trimmed by a California federal judge who ruled some of the claims either did not apply or failed under state laws. 

Have you purchased a Walmart or Bumble Bee seafood product with a MSC blue stamp certification? Let us know in the comments.

The plaintiffs are collectively represented by Pearson Warshaw LLP, Kresch Legal Services PR PLLC and Milberg Coleman Bryson Phillips Grossman LLP. 

The Bumble Bee and Walmart seafood products class action lawsuits are Sanchez, et al. v. Walmart Inc., Case No. 1:23-cv-01297, in the U.S. District Court for the Northern District of Illinois and Nasser, et al. v. Bumble Bee Foods LLC, Case No. 2:23-cv-01558, in the U.S. District Court for the Central District of California. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Albertsons class action alleges cereal bars falsely advertised as all-natural
• Walmart Great Value organic black chia seeds recall announced due to potential salmonella
• Dollar Tree, others hit with class action over lead in Supreme Tradition Ground Cinnamon
• Recall issued for Walmart ground beef sold nationwide