According to a recent study conducted by the nonprofit ocean conservation
group Oceana, as much as one-third of seafood sold in restaurants and grocery
store is mislabeled. From 2010 to 2012, Oceana evidently collected more than
1,200 seafood samples from 674 retail outlets in 21 states to determine if they
were correctly labeled. After conducting DNA tests, researchers allegedly found
that one-third (33 percent) of the 1,215 samples analyzed nationwide were
mislabeled under U.S. Food and Drug Administration (FDA) guidelines.

Oceana reports that, of the most commonly collected fish types, samples sold
as snapper and tuna had the highest mislabeling rates (87 and 59 percent,
respectively), with the majority of the samples identified by DNA analysis as
something other than what was found on the label. Halibut, grouper, cod,
and Chilean seabass were mislabeled between 19 and 38 percent of the time,
while lower levels of mislabeling were noted among salmon (7 percent) and
sole (9 percent). Apparently, only seven of the 120 samples of red snapper
purchased nationwide were actually red snapper—the other 113 samples
were another fish.

The testing results also reportedly showed strong national trends in seafood
mislabeling among retail outlets, with sushi venues having the highest fraud
levels (74 percent), followed by restaurants (38 percent) and then grocery
stores (18 percent). Oceana indicated that some mislabeling may result from
human error in identifying fish or their origin, but “more often, it is driven
by economic gain, as when a cheaper or more readily available species is
substituted for one that is more expensive, desirable or in limited supply.” In
addition, mislabeling can also provide cover and profit for illegal or unregulated
seafood.

In a company news release, Oceana warned that seafood fraud can have
“serious health consequences,” concluding that its findings demonstrate
the need for “a comprehensive and transparent traceability system—one
that tracks fish from boat to plate—must be established at the national level. At the same time, increased inspection and testing of our seafood,
specifically for mislabeling, and stronger federal and state enforcement of
existing laws combating fraud are needed.” The nonprofit also said that the
“government has a responsibility to provide more information about the fish
sold in the U.S., as seafood fraud harms not only consumers’ wallets, but also
every honest vendor and fisherman cheated in the process,” and affects the
health of our oceans. Related information about efforts to address seafood
labeling issues appears in Issue 458 of this Update. See Oceana Press Release,
February 21, 2013.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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