American Tuna, Inc. sells cans of tuna bearing an American flag and the claim, “Caught and Canned in America.” But the complaint for this class action alleges that this is not true. It claims that a large amount of the tuna comes from waters that are not American and that much of the tuna is in fact canned in Thailand, Costa Rica, Vietnam, and other countries.
The Nationwide Class for this action is all persons living in the US and its territories who bought American Tuna products during the applicable statute of limitations period, primarily for personal, family, or household purposes, and not for resale. A New York Class has also been proposed, for those living in New York.
The company’s name is “American Tuna” and its logo is a tuna and the company name on an American flag background. The complaint alleges, “Many consumers feel safer knowing that their tuna was caught in American waters and processed in American factories, as opposed to less regulated non-American waters and factories.”
The complaint claims, “In reality, however, American Tuna sources an enormous volume of tuna from international waters and the territorial waters of other countries, and much of this tuna is canned in other countries as well.”
The complaint quotes American Tuna’s website as saying, in May 2021, “We source only the most premium pole and line tuna from the MSC certified American Albacore Fishing Association (AARA) fishery in the American Pacific Northwest. All of our products are hand processed in Oregon & Washington State, custom labeled & cans coded for maximum transparency & safety.”
However, the complaint alleges that in that same month, the company changed “American Pacific Northwest” to “North Pacific Ocean.”
According to the complaint, “[t]he overwhelming impression created by American Tuna is that all of its tuna is caught and processed here. This false impression enables American Tuna to charge significantly more than other companies that label and market their tuna products properly.”
The complaint quotes the American Tuna website as saying, “Local Initiatives: The quality of canned tuna has decreased over the last few decades as almost all commercial tuna fishing and canning has been outsourced to foreign countries…” Also, it says, “The West Coast of the U.S. is reliant on this fishery to support the small ports and towns that make up this beautiful coastline. Supporting American Tuna is supporting the preservation of artisanal fishermen, micro-canneries, and fishing families who helped pioneer the West Coast of the U.S.”
The complaint alleges this language is deceptive in several ways: “First, ‘Local Initiatives’ implies the fish is caught and canned locally…” Second, it implies that American Tuna does not outsource its fishing and canning operations, so that its tuna is of better quality. Third, the “beautiful coastline” reference implies that the fish is caught along the US West Coast when it is not.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
American Tuna “Caught and Canned in America” Claims Complaint
November 4, 2021
American Tuna, Inc. sells cans of tuna bearing an American flag and the claim, “Caught and Canned in America.” But the complaint for this class action alleges that this is not true. It claims that a large amount of the tuna comes from waters that are not American and that much of the tuna is in fact canned in Thailand, Costa Rica, Vietnam, and other countries.
American Tuna “Caught and Canned in America” Claims ComplaintCase Event History
American Tuna “Caught and Canned in America” Claims Complaint
November 4, 2021
American Tuna, Inc. sells cans of tuna bearing an American flag and the claim, “Caught and Canned in America.” But the complaint for this class action alleges that this is not true. It claims that a large amount of the tuna comes from waters that are not American and that much of the tuna is in fact canned in Thailand, Costa Rica, Vietnam, and other countries.
American Tuna “Caught and Canned in America” Claims Complaint