Gorton’s to face trimmed sustainable tilapia class action

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Update: 

• Gorton’s Inc. must face a class action lawsuit claiming it markets tilapia products as “sustainably sourced” when the fish is farmed in China using allegedly environmentally destructive methods, a Massachusetts federal judge ruled.
• On Aug. 24, U.S. District Judge Patti B. Saris filed an order trimming claims against the seafood company but declined to dismiss the case altogether.
• The judge previously suggested Gorton’s could escape certain claims because, while the fish may come from farms in China, the plaintiffs would have to prove those farms were in fact substandard. 
• In her most recent order, Judge Saris reiterated that the fact the fish are farmed in China is not enough to undercut the “sustainably sourced” label, but the condition of those foreign farms could strengthen the plaintiffs’ case.

Gorton’s tilapia sustainability class action lawsuit overview:

• Who: Gorton’s is being sued by two fish sticks consumers over its sustainability practices.
• Why: The consumers say the company claims its tilapia is “sustainably sourced” when it is actually farmed in China in inhumane conditions.
• Where: The class action lawsuit was filed in a Massachusetts federal court.

(April 26, 2022)

Gorton’s Inc. markets tilapia products as “sustainably sourced” when the fish is actually farmed in China using environmentally destructive and inhumane methods, a new class action lawsuit alleges.

Plaintiffs Jeffrey Alan Spindel and Kevin McCarthy filed the class action lawsuit Apr. 21 in the Massachusetts federal court, alleging violations of state and federal consumer laws. 

According to the class action lawsuit, Gorton’s is the largest producer of fish sticks in America as a subsidiary of Japanese seafood conglomerate Nippon Suisan Kaisha Ltd., the second largest seafood company in the world. 

In the United States, Gorton’s markets its fish sticks and other tilapia products as being “sustainably sourced,” suggesting the fish is caught with the environment in mind.

However, the complaint alleges the company’s tilapia actually comes from China where they are “raised in, and sourced from, large industrial fish farms known for their unsustainable production methods.” 

Chinese tilapia farms crowded and unsanitary, class action claims

Tilapia farms in China primarily use an ecologically dangerous method of tilapia production known as pond aquaculture in which thousands of fish are crowded into shallow ponds, the Gordon’s class action lawsuit states. 

“To enable the tilapia to survive in these stressful, crowded and unsanitary conditions, they are routinely treated with antibiotics and biocides,” the lawsuit says.

The farms are so harmful to the environment that Monterey Bay Aquarium Seafood Watch specifically warns consumers to avoid tilapia farmed in China due to sustainability concerns, according to the class action.

From 2007 through 2018, more than 200 shipments of tilapia from China were rejected by the U.S. Food and Drug Administration (FDA) due to harmful levels of chemicals and toxins, the plaintiffs allege. 

Meanwhile, independent laboratory testing of Gorton’s tilapia revealed the presence of ethoxyquin, a toxic preservative in industrial fish feed that has been banned in the European Union due to human health concerns, the complaint adds.

As a result, the “sustainable” marketing on the product boxes is misleading, the plaintiffs claim. 

When consumers see claims of sustainability like the ones Gorton’s makes, they will pay higher prices and decide to buy that brand over another. 

The plaintiffs are seeking certification of the class action, along with a declaration that Gorton’s branding is unlawful, plus damages, fees, costs, interest and a jury trial. 

They’re looking to represent anyone from New York or California who bought the “sustainably sourced” tilapia from Gorton’s, plus a multistate sunclass of 34 other states.

The news comes after Red Lobster was hit with a class action in 2021 alleging it lies about the sustainability of its shrimp and lobster, which come from environmentally harmful and inhumane suppliers.

Have you eaten these tilapia products? What do you think of the claims in the lawsuit? Let us know in the comments.

The proposed class is represented by Rebecca G. Pontikes of Pontikes Law LLC and Kim E. Richman and Jay R. Shooster of Richman Law & Policy.

The Gorton’s Tilapia Class Action Lawsuit is Spindel, et al. v. Gorton’s Inc., Case No. 1:22-cv-10599, in U.S. District Court for the District of Massachusetts.

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