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Red Lobster Sustainability Class Action Lawsuit Overview:
- Who: Red Lobster wants a judge to dismiss a class action lawsuit filed against it by Dezzi Rae Marshall.
- Why: Red Lobster is fighting claims it lies to consumers about its commitment to only sourcing its seafood from sustainable and environmentally friendly sources.
- Where: The lawsuit was filed in California federal court.
Red Lobster is asking a federal judge in California to dismiss a class action lawsuit arguing the restaurant chain lies to consumers about the sustainability and environmental friendliness of its shrimp and lobster sources.
Plaintiff Dezzi Rae Marshall claims Red Lobster falsely promotes on its menu that it is committed to sustainability and protecting marine life by only sourcing its seafood from places with high environmental standards.
Red Lobster argued in its motion to dismiss in November that the sustainability message simply directs diners to learn more about its practices on its website for which it provides a link address and where it says it clarifies its promises, Law360 reports.
Marshall, however, argued in response that no reasonable consumer would or should have to check their phones before deciding what to eat.
“Even if the content on Red Lobster’s website did cure the deception caused by its menu claims, reasonable restaurant consumers are not charged with a duty to read a website [to] learn the truth,” Marshall said in a December brief response to the dismissal bid. “Reasonable consumers faced with misrepresentations on the front of a product package are not even expected to look on the side of the same package for qualifying disclosures.”
Lobster Sourced From Fishery Violating Endangered Species Act
Marshall argues the restaurant actually sources its lobster from the Gulf of Maine lobster fishery, which a federal court last year determined was violating the Endangered Species Act.
Further, Marshall claims Red Lobster gets its shrimp from a farm in Indonesia that is alleged to engage in inhumane practices.
Red Lobster, meanwhile, argues Marshall has failed to show that it has made false promises to consumers about its commitment to the environment and animal welfare.
The restaurant claims the sustainability representation on its menu does not include any promises about being committed to “the highest environmental and animal welfare standards.”
“A closer examination of what was actually pled reveals that facts necessary to support her claims that Red Lobster’s sustainability representations are false do not exist,” the company said in its reply brief.
A separate class action lawsuit was filed against Red Lobster in 2016 by a consumer who argued the restaurant’s website was not fully accessible to blind and visually impaired individuals.
Have you eaten at Red Lobster and read about its sustainability promises? Let us know in the comments!
The plaintiff is represented by Jay Shooster of Richman Law & Policy and Matthew Strugar.
The Red Lobster Sustainability Class Action Lawsuit is Marshall v. Red Lobster Management LLC, et al., Case No. 2:21-cv-04786, in the U.S. District Court for the Central District of California.
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75 thoughts onRed Lobster Asks Judge To Dismiss Class Action Claiming It Lies To Diners About Sustainable Sourcing
O my god I love red lobster just left there 2 weeks ago please add me
This is soooo wrong Red Lobster!!! I used to like eating there!
Please add me
The piece about the shrimp doesn’t really bother me much because the shrimp I eat come off the boat that I see catches them! Now, as far as the lobster situation, and the commercial hard-working lobsterman of Maine causing harm to the right whales, you’re kidding me right! So I guess it’s okay for these large wind farms to murder harmless whales at record levels over the past year, but the lobsterman of Maine are getting blamed for it? Once again, very poor decisions by the government. Remember this, “WHEN YOU POLITICIZE A NATURAL RESOURCE, TWO THINGS HAPPEN. THE DEMISE OF THAT RESOURCE, AND THE DEMISE OF THOSE THAT MAKE THEIR LIVING UPON THAT RESOURCE “. Stand fast you guys in Maine. We all need to start fighting back.