Gorton's faces class action suit for misleading consumers about tilapia

Gorton's packaging claim of "sustainably sourced" fish is allegedly false

BOSTON, April 22, 2022 /PRNewswire/ -- A class action lawsuit has been filed against Gorton's Inc. ("Gorton's") for misleading consumers by labeling its frozen tilapia products as "sustainably sourced." The complaint alleges that, in reality, the products are made from tilapia industrially farmed using unsustainable practices that are environmentally destructive and inhumane.

The complaint alleges that Gorton's products are made from tilapia sourced, at least in part, from China, where the fish are raised in large industrial fish farms or "ponds" known for their unsustainable production methods. The action was filed Thursday, April 21, on behalf of both a New York and California consumer by Richman Law & Policy in the U.S. District Court for the District of Massachusetts. The consumers are asking the court for damages and equitable relief in the form of an order declaring that Gorton's deceptive marketing of the Products is unlawful and enjoining such deceptive marketing.

The lawsuit alleges that tilapia farms in China primarily use an ecologically dangerous method of tilapia production known as pond aquaculture, which is often done in regions that are vulnerable to river flooding and where the spread of disease and fish escapes are common. Because tilapia are able to outcompete local fish species in China, they are deemed "highly invasive." The 35-page complaint also alleges:

• From 2007 to 2018 the FDA rejected more than 200 tilapia shipments from China, citing the presence of harmful chemicals, toxins, and antibiotics considered "Highly Important for Human Medicine" by the World Health Organization.
• Independent laboratory testing of Gorton's tilapia revealed the presence of ethoxyquin, a toxic preservative in industrial fish feed that has been banned in the European Union due to human health concerns.
• Tilapia ponds are extremely crowded and unsanitary environments in which tilapia may becoming highly aggressive, causing harm to each other. In these barren pond environments, tilapia experience frustration, boredom, and discomfort, which results in abnormal or stereotypic behaviors.

The complaint references survey data which found that consumers seek out, and pay significantly more for, products labeled as "ecologically sustainable." That finding is consistent with research demonstrating that "consumers are willing to pay to improve animal welfare and reduce undesirable environmental effects from fish farming."

SOURCE Richman Law & Policy