Vigo Octopus is Actually Squid, Class Action Says

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A class action accuses Vigo Importing Company of deceptively advertising its octopus food products. The class action claims that Vigo octopus products are not made out of octopus, but actually jumbo squid. The complaint alleges that “independent DNA testing determined that Vigo’s Octopus Products are actually jumbo squid and not octopus.”

“Vigo has intentionally replaced the octopus in its Octopus Products with squid as a cheap substitute to save money because it knew an ordinary consumer would have trouble distinguishing the difference,” the class action claims.

The octopus products at issue in the class action are Vigo’s boxes of “octopus in marinade sauce” and “octopus in soy and olive oil.” The complaint states the products are commonly sold at nationwide retailers like Target and K-mart, and online through Amazon.

The complaint shows pictures of the packaging of both products, in which the word “octopus” is “prominently displayed on the label of each box.” In addition, “nowhere on the box does it state that the Octopus Products contain squid instead of octopus,” the complaint states. Although octopus and squid are similar, the complaint argues that they are completely different species, with different traits including the market cost of each.

The Vigo octopus deceptive advertising class action speculates that the reason Vigo’s octopus products actually contain squid is because the shortage of octopus has caused a spike it in its market price. The complaint cites numerous studies that say world octopus populations “remain overexploited” and “octopus stocks are in poor shape.” Conversely, Humboldt squid (commonly called the jumbo squid) populations have been increasing, according to the class action.

Plaintiff Luis Diego Zapata Fonseca states that he has purchased Vigo octopus in soy and olive oil numerous times online from Amazon. Fonseca claims that he bought the Vigo products relying on the packaging, and would not have bought the products if he had known that they were actually squid. In addition, Fonseca asserts that he and others paid a premium price for the Vigo products, thinking that they were made from octopus.

The Vigo octopus deceptive advertising lawsuit seeks to represent a Class of all persons who have purchased a Vigo octopus product for personal use, and not for resale. The complaint also seeks to represent a subclass for residents of California who purchased those same Vigo products.

The class action requests damages for the deceptive conduct, as well as statutory and punitive damages under California false advertising laws. The lawsuit also seeks a court order stopping Vigo from its misrepresentations about the contains of its octopus products.

Fonseca is represented by L. Timothy Fisher and Julia A. Luster of Bursor & Fisher, P.A., and James P. Gitkin of Salpeter Gitkin, LLP.

The Vigo Octopus Deceptive Advertising Class Action Lawsuit is Luis Diego Zapata Fonseca v. Vigo Importing Co., Case No. 5:16-cv-02055, in the U.S. District Court for the Northern District of California, San Jose Division.