Golden Eagle Insurance Corp. has filed a complaint for declaratory relief against its insured Moon Marine (U.S.A.) Corp., requesting that the umbrella policy it issued to the insured be rescinded because Moon Marine allegedly concealed material facts when it obtained the policy. Golden Eagle Ins. Corp. v. Moon Marine (U.S.A.) Corp., No. 12-5438 (N.D. Cal., filed October 22, 2012). According to the complaint, Moon Marine knew that its imported yellowfin tuna (scrape) was linked to a nationwide Salmonella outbreak that sickened more than 400 individuals and had, in fact, recalled the product, when the $2-million excess insurance policy was obtained. The plaintiffs allege that Moon Marine failed to inform the insurance carrier’s underwriter that the fish importer faced “obvious liability exposure for bodily injury claims from the nationwide salmonella outbreak that had been linked to Moon Marines’ importation of Scrape.” The first lawsuit was actually filed two days before the plaintiffs quoted and bound…
Tag Archives fish
U.S. Senator Barbara Boxer (D-Calif.) has urged the Food and Drug Administration (FDA) to take action to address seafood fraud. In her October 15, 2012, letter, Boxer defines seafood fraud as “the mislabeling of one species of fish for another fish that is often cheaper and more readily available.” Boxer cites studies purportedly showing that the practice may be “pervasive” throughout the United States and contends that it not only constitutes “deceptive marketing, but it can also pose serious health concerns, particularly for pregnant women seeking to limit exposure to heavy metals or individuals with serious allergies to certain types of fish.” Among the studies cited are those finding mislabeled 20 percent of 88 samples tested in Boston, 55 percent of 119 samples tested in California and 31 percent of 96 samples tested in Florida. The senator expresses her concern with the low number of inspections FDA conducts on both imported…
Turtle Island Restoration Network and the Center for Biological Diversity have filed a complaint for declaratory and injunctive relief in a federal court in California against the Food and Drug Administration (FDA) to force the agency to act on their June 2011 petition seeking to reduce the allowable level of mercury in seafood. Turtle Island Restoration Network v. Hamburg, No. 12-03884 (N.D. Cal., filed July 25, 2012). The organizations claim that while FDA had 180 days, or until December 17, 2011, to respond to the petition, “[t]o date, FDA has neither granted nor denied the petition and has taken no action to reduce human exposure to mercury from commercial fish.” They request a court order declaring that FDA has violated the Administrative Procedure Act and requiring the agency to issue a decision on their petition within 30 days. The plaintiffs contend that FDA’s current action level for mercury in seafood…
Seeking to represent everyone who purchased a mahi mahi dish in Sharky’s Woodfired Mexican Grills throughout California, four Los Angeles County residents have filed suit alleging that the menu items do not contain mahi mahi fish as advertised. Chenier v. Sharky’s Franchise Group, LLC, No. 30-2012-00587784 (Cal. Super. Ct., filed July 31, 2012). The plaintiffs claim that they would not have purchased the products had they known the products were not made with mahi mahi. They allege violations of the California Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act, negligent and intentional misrepresentation, and breach of express warranty, and seek disgorgement, restitution, public disclosure, injunctive relief, compensatory and punitive damages, attorney’s fees, and costs.
Organizations representing the interests of Asian Americans have filed suit in a federal court in California against the governor and agency officials seeking a declaration that legislation enacted in October 2011 banning the “possession, sale, offer for sale, distribution, or trade of shark fins” violates their members’ equal protection rights, unlawfully interferes with interstate commerce and preempts federal law, and deprives them of rights, privileges and immunities under the U.S. Constitution. Chinatown Neighborhood Assn. v. Brown, No. 12-3759 (N.D. Cal., filed July 18, 2012). According to the complaint, “Shark fins are used within the Chinese American community to make the traditional dish, shark fin soup. Shark fin soup is a cultural delicacy with origins dating back to the Ming Dynasty (1368-1644 A.D.). It is a ceremonial centerpiece of traditional Chinese banquets as well as celebrations of weddings and birthdays of one’s elders. Shark fin soup serves as a traditional symbol…
A recent study has reportedly claimed that two species of shiner fish exposed to bisphenol A (BPA) were more likely to mate in mixed-species pairings. Jessica Ward and Michael Blum, “Exposure to an environmental estrogen breaks down sexual isolation between native and invasive species,” Evolutionary Applications, July 2012. After collecting specimens from rivers throughout Georgia, scientists evidently used a controlled environment to study the effects of short term BPA exposure on both the red shiner fish (Cyprinella lutrensis), an invasive species, and the native blacktail shiner fish (Cyprinella venustra). Their results allegedly showed that males exposed to BPA lost some of their distinctive coloring, leading females to more frequently choose mates not of their own species. “Until now studies have primarily focused on the impact to individual fish, but our study demonstrates the impact of BPA on a population level,” explained one of the study’s authors in a July 11,…
A study published in Marine Policy has claimed that many fish stocks certified as sustainable by the Marine Stewardship Council (MSC) and Friends of the Sea (FOS) are nevertheless overfished or subject to overfishing as defined by the international standards accepted by both certifying organizations. Rainer Froese and Alexander Proelss, “Evaluation and legal assessment of certified seafood,” Marine Policy, May 2012. The two researchers apparently examined data from 71 MSC-certified stocks and 76 FOS-certified stocks to determine how many fish were present in each stock and how many were being removed. They ultimately found that, of the fishing stocks with available status information, 19 percent of those certified by FOS and 31 percent certified by MSC were overfished or subject to ongoing overfishing. According to the study, a stock is deemed “overfished” if its biomass falls below “the level that can produce the maximum sustainable yield” or “subject to overfishing”…
The insurance carriers for Rubio’s Restaurant have filed a motion for summary judgment in a dispute with the company that insured the restaurant’s fish supplier, following the settlement of claims pursued by a restaurant patron who alleged that he has permanent and severe neurological injuries from exposure to a toxin from the mahi mahi in a Rubio’s fish burrito. Fireman’s Fund Ins. Co. v. Nationwide Mut. Fire Ins. Co., No. 11-0114 (S.D. Cal., motion filed April 9, 2012). While the patron and his wife reportedly sought $7 million in damages, the settlement amount remains undisclosed. According to the plaintiffs, the defendant must reimburse them for the costs of defending the restaurant and the amounts they contributed to the settlement on the restaurant’s behalf. The restaurant was evidently an additional insured under the defendant’s policy with the fish supplier, and the plaintiffs argue that a duty to defend exists when there…
Polish officials have reportedly withdrawn from commerce more than 500,000 pounds of food possibly contaminated with industrial salt intended for de-icing roads in winter conditions. According to media sources, Poland’s Central Bureau of Investigation has arrested five individuals accused of selling road salt to food processors for use in dairy, fish, meat, and baked goods. The Chief Sanitary Inspectorate (GIS) has since identified the non-iodized salt, which contains “minimal” levels of dioxin and heavy metals, at 48 different locations, but has reportedly emphasized the overall low risk to human health. “It can be concluded with a very high probability that the amounts of these compounds per 100 g of the food products do not pose a health hazard,” one GIS investigator was quoted as saying. See Polskie Radio, February 27 and March 7, 2012; Warsaw Business Journal, March 5, 2012; EurActiv.com, March 7, 2012. Despite this finding and the precautionary…
The Centers for Disease Control and Prevention (CDC) has released an analysis showing that disease outbreaks linked to imported foods apparently increased in 2009 and 2010. CDC experts reviewed data collected by the Foodborne Disease Outbreak Surveillance System from 2005 to 2010, finding that 39 outbreaks and 2,348 illnesses were tied to imported foods from 15 countries. According to CDC, 17 of the 39 outbreaks occurred in 2009 and 2010. Since 2005, imported fish was the most common source with 17 total outbreaks, followed by spices with six outbreaks, including five from fresh or dried peppers. Nearly 45 percent of the imported foods linked to outbreaks came from Asia. “It’s too early to say if the recent numbers represent a trend, but CDC officials are analyzing information from 2011 and will continue to monitor for these outbreaks in the future,” said CDC epidemiologist and lead author Hannah Gould. See CDC…
