Stew Leonard’s Class Action Says Snapper, Salmon are Mislabeled

A recent class action lawsuit claims that Stew Leonard’s fish products are mislabeled and represented as better, more healthy fish than they are.

The Stew Leonard’s class action states that seafood is highly consumed in America with a reported 15.5 pounds of fish or seafood eaten by the average American in 2015.

Fish is high in protein, low in fat, and rich in omega-3 fatty acids – leading the U.S. Food and Drug Administration (FDA) to recommend eating eight to 12 ounces of fish or seafood a week.

According to the Stew Leonard’s class action, from late 2017 through 2018, the Office of the New York Attorney General conducted a major investigation looking into the potential that seafood vendors were defrauding consumers in retail supermarket chains.

The office reportedly purchased seafood at 115 locations and 29 supermarket brands which they then tested using FDA approved DNA testing.

Following the investigation, the Office of the New York Attorney General released a Seafood Fraud and Mislabeling Report, concluding: “Something fishy is going on at supermarket seafood counters. Consumers think they are buying lemon sole, red snapper, or wild salmon, or any one of dozens of seafood options. But too often, they get something else entirely. They unknowingly take home a cheaper, less environmentally sustainable, or less healthy fish. It’s a bait-and-switch, which cheats consumers and violates consumer protection laws.”

Stew Leonard’s owns and operates a chain of six supermarkets which sell fish products. In their three locations in New York and three locations in Connecticut, Stew Leonard’s allegedly mislabeled 53.85 percent of their fish product – according to the New York Attorney General’s investigation.

This high rate of fraudulent labeling allegedly triggered further investigation into the brand by the Office of the New York Attorney General.

Plaintiff Shelby Franklin claims that Stew Leonard’s is guilty of fraudulent behavior and mislabels their red snapper and sockeye salmon, which they replace with another type of snapper fish and Coho salmon.

According to the Stew Leonard’s class action, consumers are manipulated into paying a higher price for Stew Leonard’s fish products because they believe that they’re getting high quality fish products.

Although they may have been willing to pay a premium price for high quality fish, most consumers are reportedly unwilling to pay a premium for cheaper, less desirable species of fish.

Not only did consumers allegedly suffer from financial harm, Franklin argues that fish mislabeling fraud increases the chances that consumers are exposed to “the potential for greater chemical residue, a different nutritional profile, a less environmentally friendly species of fish, a less healthy species of fish, and fish with higher mercury levels” compared to high quality fish.

Franklin seeks to represent a Class of consumers who purchased Stew Leonard’s products in New York.

The Stew Leonard’s class action lawsuit seeks injunctive relief, monetary damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Franklin and the proposed Class are represented by Jason P. Sultzer, Janine Pollack, and Jeremy Francis of The Sultzer Law Group, and Jeffery Brown of Leeds Brown Law PC.

The Stew Leonard’s Fish Mislabeling Class Action Lawsuit is Franklin v. Stew Leonard’s Inc., Case No. 2:18-cv-07237, in the U.S. District Court for the Eastern District of New York.