Plaintiff Seeks Class Action Over Bumble Bee Smoked Salmon Labeling

A plaintiff has filed a lawsuit alleging Bumble Bee Foods’ Medium Red Smoked Salmon Fillet in Oil is neither medium red wild coho salmon nor smoked. Rodriguez v. Bumble Bee Foods Inc., No. 17-2447 (S.D. Cal., filed December 6, 2017). The complaint asserts that the term “medium red” is commonly used to describe wild coho salmon, which is often fished in Alaska and the Pacific Northwest, and that the product label shows an image of a salmon “jumping from water with snow-capped mountains and evergreens in background, which is evocative of Alaska.” The salmon used in Bumble Bee’s product, the plaintiff argues, is “low-quality” farm-raised Chilean coho salmon dyed red to resemble wild-caught fish. The complaint alleges Bumble Bee discloses that the company’s oyster and smoked trout products are farm-raised but omits the farm-raised disclosure on the salmon product.

In addition, the complaint alleges the salmon is not smoked but rather features an added artificial smoke flavoring. Claiming violations of California’s consumer-protection statutes and breach of warranties, the plaintiff seeks class certification, injunctive relief, corrective advertising, restitution, damages, disgorgement and attorney’s fees.