Red Lobster “Sustainable” Maine Lobsters and Shrimp California Class Action

What should the word “sustainable” mean when it’s used in marketing to consumers? This class action brings suit against a number of Red Lobster entities, alleging that Red Lobster restaurants claim the seafood in their menu items is “sustainable,” when in actuality the Maine lobster and shrimp are from sources that “use environmentally destructive practices,” among other things.

The class for this action is all consumers who bought Red Lobster’s Maine lobster products or shrimp products in California, from the beginning of the applicable statute of limitations through the date of class certification in this case.

For a list of the menu items that use the shrimp and Maine lobster at issue in this case, see page 6 of the complaint linked below.

Consumers these days are concerned about sustainability, the environment, animal welfare, and public health, and they prefer to buy from companies that address these concerns in their business practices. Red Lobster makes a number of representations on its menus that suggest that, too, shares these concerns.

For example, the covers of the menus bear the words, “Seafood with Standards” and “Traceable. Sustainable. Responsible.” These words appear a second time inside the menu with the promise, “These are more than just words on our menu—it’s our promise that all of the seafood we serve is sourced to the highest standards.”

According to the complaint, these representations lead customers to “expect that the Products are sourced sustainably in accordance with the highest environmental and animal welfare standards.” But the complaint alleges that this is not true.

As to the Maine lobsters, the complaint claims they “are sourced from suppliers that use environmentally destructive practices that threaten endangered populations of North American right whales.

As to the shrimp, the complaint claims they “are sourced from industrial shrimp farms that do not employ the highest environmental or animal welfare standards.”

How do we know this? It alleges, “Monterey Bay Aquarium Seafood Watch … recommends that consumers seeking sustainable seafood should not choose shrimp from the regions that Red Lobster sources from, because of environmentallhy destructive practices, poor reporting of environmental data and standards, and overuse of antibiotics.”

Also, the complaint alleges, “Red Lobster shrimp suppliers use inhumane practices including routine eyestalk ablation, a practice in which the eyestalk gland of female shrimps is crushed, burned, or cut off—without painkillers—in order to increase reproduction.”

According to the complaint the Federal Trade Commission (FTC) has warned companies “not to use unqualified claims such as ‘sustainable’ due to its determination that ‘it is highly unlikely that marketers can substantiate all reasonable interpretations of these claims.’”

The complaint alleges that Red Lobster’s representations are false and deceptive and that they violate California’s consumer protection laws.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Sustainability or Ecological/Environmental Claims