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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.
According to the recent StarKist dismissal motion, it would be unreasonable to expect that fishing out of an ocean filled with other animals could be 100 percent safe for dolphins.
The defendant says that the plaintiffs have come up with their own standard regarding their “dolphin safe” label meant to assure consumers that humane fishing practices are used.
“Plaintiffs have invented an unreasonable and implausible standard as to what StarKist’s claim of dolphin safe allegedly means to reasonable consumers,” states Starkist in its motion to dismiss the class action lawsuit.
Three “dolphin safe” canned tuna class action lawsuits were filed against major tuna producers. The plaintiffs alleged in their complaints that, despite representations to consumers that the harvest of tuna preserves dolphins, a dive into their supply line reveals that producers do not utilize dolphin safe fishing practices.
“Plaintiffs assert that StarKist’s claims of ‘dolphin safe’ mean that the fishing methods used to capture tuna is 100% free from any and all dolphin harm (such as by-catch and catch and release) regardless of whether or not StarKist uses tuna from any particular catch,” states the StarKist dismissal motion.
“However, when it comes to Plaintiffs’ preferred methods of tuna fishing, pole-and-line and trolling, which Plaintiffs characterize as 100% dolphin safe, Plaintiffs acknowledge that by-catch—and, therefore, some level of dolphin harm and injury—occurs.”
Starkist accuses the plaintiffs of holding it to a double standard. The company contends that the millions of consumers who purchase canned tuna would not expect that no harm would come to other creatures sharing the sea.
“No reasonable consumer would believe that the claim of 100% dolphin safe allows for some harm or injury to dolphins from pole-and-line and trolling caught tuna, but that StarKist’s claim of 100% dolphin safe tuna means no possible harm or injury to dolphins at all,” argues the Starkist dismissal motion.
The seafood company points out that by-catch, including dolphins, is an inescapable part of the type of fishing used to harvest tuna. Starkist points out that dolphins can be also hooked using the hook and line methods, potentially leading to injury.
In addition, Starkist contends that the majority of the “dolphin safe” canned tuna class action lawsuit claims were made outside of the statute of limitations, or deadline, required for the claim.
Finally, Starkist argues that the class action claims further mis-characterize its dolphin safe logo as meaning that their tuna is 100 percent dolphin safe.
“The dolphin-safe logo that appears on StarKist’s tuna products does not state or convey a message that StarKist’s tuna products will not result in any possible harm or injury to dolphins,” states the motion.
Another major seafood company, Bumble Bee, has also submitted a motion to dismiss the canned tuna class action lawsuit lodged against it.
Are you surprised by the allegations about “dolphin safe” labeling? Tell us what you think in the comments below!
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 “Dolphin Safe” Canned Tuna Class Action Lawsuit is Gardner, et al. v. Starkist Co., Case No. 3:19-cv-02561, in the U.S. District Court for the Northern District of California.
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67 thoughts onStarKist Seeks Dismissal of ‘Dolphin Safe’ Class Action
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So sad to hear..this is a staple in our home. Add me!