U.S. Representatives Ask FTC to Investigate Seafood Labeling Claims
U.S. Representatives Edward Markey (D-Mass.) and Barney Frank (D-Mass.) have reportedly asked the Federal Trade Commission (FTC) to investigate claims that seafood sold in grocery stores, restaurants and markets is often mislabeled. According to the congressmen’s October 31, 2011, letter, two separate investigative reports used DNA testing to conclude that purveyors frequently sold seafood as more expensive or different varieties. In particular, The Boston Globe reported that 48 percent of fish sampled in the area were sold under the wrong name, while Consumer Reports estimated that more than one-fifth of the 190 pieces of seafood it tested in Connecticut, New Jersey and New York were “mislabeled as a different species of fish, incompletely labeled, or misidentified by employees.” The latter report also noted that all 10 of the “lemon soles” and 12 of the 22 “red snappers” purchased were not the species advertised.
“Only four of the 14 types of fish we bought—Chilean sea bass, coho salmon, and bluefin and ahi tuna—were always identified correctly,” said Consumer Reports. “Whether deliberate or not, substitution hurts consumers three ways: in their wallet, when expensive seafood is switched for less desirable, cheaper fish; in their health, when they mistakenly eat species that are high in mercury or other contaminants; and in their conscience, if they find out they’ve mistakenly bought species whose numbers are low.”
Markey and Frank have argued that advertising and selling mislabeled seafood “is not only dishonest, and potentially dangerous, but also would likely be deemed as ‘unfair or deceptive acts and practices’ under Section 5 of the Federal Trade Commission Act.” They have asked the Commission to determine by November 21, 2011, whether such practices are, indeed, deceptive and what actions will be taken to penalize violators and protect the public. See Law360, November 1, 2011.
