Lawsuit Alleges Company Substituted Jumbo Squid for Octopus

A consumer has filed a proposed class action against Vigo Importing
Co. alleging its octopus product is actually jumbo squid, “which is
significantly cheaper and of a lower quality than octopus.” Fonseca v.
Vigo Importing Co., No. 16-2055 (N.D. Cal., San Jose Div., filed April
19, 2016). The complaint details each animal’s taxonomy within the
animal kingdom and describes the current populations of each—octopus
populations “have dwindled around the world due to over-fishing,”
while “jumbo squid populations have been thriving” because of the
squid’s “ability to adapt to changing ocean conditions caused by global
warming.” As a result, “the cost of octopus has risen dramatically
compared to the cost of squid,” and “due to similarities in texture, squid
can easily be substituted for octopus without the consumer being able
to tell the difference particularly when sold in a sauce like garlic sauce
or marinara sauce.” The plaintiff argues that independent DNA testing
determined the contents of Vigo’s Octopus in Marinade and Octopus
in Soy and Olive Oil were actually jumbo squid. For alleged breach of
warranties, unjust enrichment, fraud, misrepresentation and violations
of state consumer-protection laws, he seeks class certification, damages,
restitution and attorney’s fees.

Issue 602