Latest news with #SeafoodWatch
Yahoo
16-04-2025
- Business
- Yahoo
Judge pauses Maine lobster defamation suit pending appeal
Apr. 15—A federal judge on Tuesday paused proceedings in a defamation lawsuit Maine lobstering groups brought against a California aquarium, staying the case until broad questions about how to interpret Maine libel law are answered by an appeals court. U.S. District Judge John Woodcock had ruled in February that the suit — brought by the Maine Lobstermen's Association, the Maine Coast Fishermen's Association and a handful of lobstering businesses — could proceed after nearly two years in legal limbo. The groups sued the Monterey Bay Aquarium Foundation "for making false and defamatory statements about Maine lobster fishing practices and for misleading consumers and commercial lobster buyers about the integrity of the Maine lobster harvest" after the aquarium's Seafood Watch program downgraded its rating for Maine lobster. The aquarium claimed that the lobster industry threatens the North Atlantic right whale, and that U.S. and Canadian regulations failed to adequately protect the critically endangered species. But in a new ruling Tuesday, Woodcock placed a stay on the case while the 1st U.S. Circuit of Appeals in Boston takes up questions regarding the proper interpretation of group libel issues and whether the aquarium's decision to place Maine lobster on a list of foods to avoid constitutes a protected scientific opinion. Woodcock also granted an interlocutory appeal, a relatively rare legal device used in situations where questions arise that are unrelated to the merits of the case itself, including "a controlling question of law" with substantial grounds for a difference in opinion that could "materially advance the ultimate termination of the litigation," according to federal law. The interlocutory appeal is focused on two points the aquarium raised in February. First, whether an exception to the group libel law should be granted in this case. The court in February ruled that the case could be exempted from the state's traditional rules on libel of a broad group, as the plaintiffs were able to demonstrate that they were uniquely impacted by the sweeping declaration on Maine lobster. Before the proceedings can resume, the appeals court must determine whether that exception "applies to defamation claims brought by a plaintiff group consisting of lobstermen who each suffered similar demonstrable economic harms as a consequence of defamatory statements made against the American lobster as a commercial product," Woodcock wrote. Second, the appeals court must determine whether the aquarium's claims about the lobster industry are protected as a matter of differing scientific opinion. In their complaint, the plaintiffs allege that the aquarium's "scientific assertion is factually false and the speaker deliberately ignored and did not disclose the existence of contradictory evidence of which it was aware at the time it made the statements," Woodcock wrote. Depending on its findings, the appeals court could send the case back to the lower court for renewed deliberation, move to dismiss the complaint or otherwise terminate the proceedings. A spokesperson for the aquarium said it "appreciates the District Court's decision" to grant the appeal and stay proceedings. "We seek to protect our ability to share critical information with the public and welcome the opportunity the decision presents," the spokesperson said in a statement emailed Tuesday. Kevin Lipson, one of the lawyers representing the plaintiffs, said they would brief the issues before the 1st Circuit "as it's deemed necessary," but he noted that the court could decline to take up the question of group libel applicability. "We're very confident in the trial judge's determination below, and we are confident that we'll prevail in the 1st Circuit," Lispon said on Tuesday. "This is the nature of the judicial process. It is a cumbersome and tiresome thing, but at the end justice will prevail." In a brief filed last month, the New England First Amendment Coalition argued that siding with the plaintiffs would be an "unprecedented application of the group libel rule" and threaten news reporting. Doing so could also create a chilling effect related to scientific and public policy debate, the coalition said. Copy the Story Link
Yahoo
12-03-2025
- Business
- Yahoo
Thousands replace divisive Aussie product with NZ alternative: 'Should've changed earlier'
A major food delivery app is ditching a controversial Aussie product and switching to a New Zealand alternative. Box Divvy, which supplies close to 13,000 households with fresh produce, announced it will no longer be selling Tasmanian farmed salmon due to concerns about sustainability and transparency. It's been a horror month for the local salmon industry, with over 1 million dying following a bacterial outbreak, and pictures showing dead salmon rotting inside pens and washing up on beaches. The RSPCA has also dropped its accreditation of Huon, one of the three major companies that operate around the island state, due to ethical concerns over 'inhumane' handling of live, sick and injured fish. Box Divvy facilitates online sales of food co-ops across NSW and ACT, and markets itself to consumers who want to avoid the major supermarkets and support farmers. Co-founder Anton van den Berg told Yahoo News the company had been feeling 'uncomfortable' about the industry for years, and after suppliers visited salmon farms across the ditch it was impressed with their methods. 'The industry has been promising to improve its sustainability and impact on the environment but the reality has been it's not really happening,' he said. Related: Is farmed salmon safe to eat? Conservationists have long warned about the impact of the industry on Tasmania's waterways, and the potential for it to harm the state's clean, green food image. In Macquarie Harbour, on the west coast, the industry's impact on water quality has been directly linked to the near extinction of the native Maugean skate. Although Coles and Woolworths market salmon farmed in this area as 'sustainable'. In Australia, wild salmon is not widely available in stores because all commercial species are native to the Northern Hemisphere. Last week, Uni Melbourne aquaculture expert Professor Giovanni Turchini told Yahoo there are few environmental differences in the farming of salmon in Australia or New Zealand, both of which are locally available. 'They are fundamentally farmed in similar ways and fed with the same feed. But please note as usual, the environmental impact of any farm activity, including salmon, is fundamentally determined by how the farm is managed,' he said. Box Divvy's supplier was impressed with the sustainability focus of the specific farms in New Zealand it visited. Another factor it considered is that Monterey Bay Aquarium's internationally renowned Seafood Watch program recommends the product. Dropping Australian salmon, rather than slowly migrating away came with some risk, as the product had been its biggest seafood seller. But the decision proved to be immediately beneficial for its bottom line, indicating it was what its customers wanted. 'Our sales are up over 15 to 20 per cent even though the New Zealand product is slightly more expensive,' van den Berg said. ❌ Call for US tourist to 'leave' Australia after 'distressing' act with baby wombat 🐊 Aussie fisherman searches for three-metre crocodile after spear attack 🐣 Once common Aussie bird among 21 new species facing extinction Now that the company has moved away from Australian grown salmon, it's unlikely to buy it again without major change. Another factor informing its decision is that the major farming operations are now owned by large foreign companies. 'With hindsight we probably should have changed earlier,' he said. 'How they run the industry in the end is up to them. That's how the market functions. 'But if consumers are voting with their feet, then I think they're going to reach a point where they're going to have to decide what they're going to prioritise. If they're simply going to chase the dollar, then they might find in the long run, they are not going to have a viable business.' Industry peak body Salmon Tas declined to comment on Box Divvy's decision. In a statement released on social media overnight, Huon's general manager of stakeholder relations said the disease outbreak was unprecedented. 'It's really important to understand that this mortality is not caused by farming practices, it is the result of a disease outbreak,' she said. Addressing its loss of RSPCA accreditation, she said the incident was 'not reflective of the high standards' of which Huon usually operates. Love Australia's weird and wonderful environment? 🐊🦘😳 Get our new newsletter showcasing the week's best stories.
Yahoo
05-03-2025
- Business
- Yahoo
A Watchdog Group Told People to Not Buy Maine Lobster. Now It's Facing a Lawsuit.
A lawsuit related to Maine's lobster industry is no longer stuck in the claws of the legal system. A federal judge recently ruled that the Maine Lobstermen's Association and others can proceed with their defamation suit against the nonprofit Seafood Watch, The New York Times reported on Monday. The lobstermen's group initially sued the nonprofit, which is run by the Monterey Bay Aquarium, almost two years ago, following Seafood Watch's downgrading of Maine lobster from yellow to red in its sustainability ratings. More from Robb Report The Couple Behind N.Y.C.'s Hit Restaurants Dame and Lord's Opens a New Seafood Spot This Beloved N.Y.C. Restaurant Is Reportedly Being Forced Out to Make Room for Prada Chef Michael White Returns to N.Y.C. With a New Modern Italian Restaurant 'This ruling is a crucial step in holding the Monterey Bay Aquarium accountable for misleading statements that have unfairly targeted our industry,' Patrice McCarron, the executive director of the Maine Lobstermen's Association, said in a statement. 'Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims.' Back in 2022, Seafood Watch changed the sustainability rating for American lobsters caught off Maine, telling consumers that they should no longer buy the crustaceans, the Times noted. At the time, the nonprofit said that the fishing gear used to catch lobsters was posing a threat to endangered North Atlantic right whales. Around the same time, the Marine Stewardship Council similarly announced that it was no longer considering Maine lobster sustainable because of those fishing-gear issues. However, the fishermen suing Seafood Watch say that the group's rating was based on irrelevant and outdated data, and that the industry has worked to modify its gear, The New York Times wrote. They also say that the rating downgrade led some customers to cancel their contracts and the average price of a pound of lobster to fall 40 percent. 'Reputation and goodwill cannot be adequately replaced through awarding damages and this injury lingers as long as the 'red listing' does,' Judge John A. Woodcock Jr. wrote in his decision. In response to Woodcock Jr.'s ruling, Seafood Watch has filed an appeal, the Times reported. The Monterey Bay Aquarium said in a statement cited by the newspaper that the lawsuit should be dismissed according to a Maine law meant to protect free speech. For now, though, the Maine Lobstermen's Association will proceed with its fight against Seafood Watch, in the hopes that the nonprofit will amend its rating of Maine lobster. As we gear up for the summer season, lobster-roll lovers will likely be watching closely to see how the rest of the case plays out. Best of Robb Report Why a Heritage Turkey Is the Best Thanksgiving Bird—and How to Get One 9 Stellar West Coast Pinot Noirs to Drink Right Now The 10 Best Wines to Pair With Steak, From Cabernet to Malbec Click here to read the full article.
New York Times
04-03-2025
- Business
- New York Times
Maine Lobster Industry Can Sue Seafood Watchdog for Defamation, Judge Rules
Maine's lobster industry can proceed with a defamation lawsuit that it brought against a seafood watchdog group, which had placed a do-not-buy designation on the crustaceans because of the dangers it said that the industry's fishing nets posed to an endangered whale species. A federal judge last month denied a motion to have the case dismissed, drawing an appeal on Thursday from the group Seafood Watch, a nonprofit run by the Monterey Bay Aquarium that publishes seafood sustainability ratings. It has been nearly two years since the Maine Lobstermen's Association and several other plaintiffs sued the nonprofit after it downgraded the sustainability rating for American lobsters caught off Maine from yellow to red in 2022. The nonprofit advised consumers to avoid those lobsters, saying that endangered North Atlantic right whales were at significant risk of becoming entangled in fishing gear. The fishermen blamed Seafood Watch in the lawsuit, filed in U.S. District Court in Maine, for damaging the reputation of the billion-dollar industry and prompting some of their customers to cancel contracts. 'Reputation and goodwill cannot be adequately replaced through awarding damages and this injury lingers as long as the 'red listing' does,' Judge John A. Woodcock Jr. wrote in the 137-page order denying the motion to dismiss the case. The fishermen applauded the judge's ruling in a statement, having argued in the lawsuit that the average price per pound of lobster dropped by 40 percent after Seafood Watch changed its sustainability rating. 'This ruling is a crucial step in holding the Monterey Bay Aquarium accountable for misleading statements that have unfairly targeted our industry,' Patrice McCarron, executive director of the Maine Lobstermen's Association, said in a statement. 'Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims.' In a statement mentioning that it was appealing the ruling, the Monterey Bay Aquarium said that the lawsuit should be dismissed under a Maine law that was intended to defend against frivolous lawsuits that stymie free speech. The National Oceanic and Atmospheric Administration Fisheries estimated that there are about 370 North Atlantic right whales remaining, making it one of the world's most endangered whale species. The number of new calves born in recent years has been below average, according to NOAA. The primary threats to the whales, which can weigh up to 140,000 pounds and measure up to 52 feet in length, are vessel strikes and fishing gear entanglements. At the time that Seafood Watch placed its do-not-buy designation on Maine lobsters, the nonprofit said that the red rating was based on 'significant risks of entanglement in pot, trap, and gillnet fisheries to the endangered North Atlantic right whale and the lack of timely, effective management necessary to mitigate entanglement risks and promote recovery of the species.' The fishermen who sued the nonprofit argued that Maine's lobster industry had taken steps to modify gear, and that Seafood Watch's rating was based on outdated and irrelevant data. Three days after the rating was announced, the governor of Maine and its congressional delegation sent a letter to the aquarium asking it to reverse the designation.
Yahoo
08-02-2025
- Business
- Yahoo
Judge allows Maine lobstermen's lawsuit over 'red listing' to advance
Feb. 7—After almost two years in limbo, a federal judge ruled Friday that Maine lobstering groups can move forward with a lawsuit accusing a California aquarium of defamation. The Maine Lobsterman's Association, the Maine Coast Fishermen's Association and three lobster businesses sued the Monterey Bay Aquarium Foundation in 2023 after the organization's Seafood Watch program put lobster on a "red list" of food consumers should avoid. The Monterey Bay Aquarium Foundation argued that it has a right to make its rating based on Maine's free speech laws. But U.S. District of Maine Judge John Woodcock ruled disagreed. "The injunctive relief requested does not seek to impose forward-looking restraints on public speech; rather, Plaintiffs merely seek the removal of statements determined to be defamatory," he wrote. Seafood Watch downgraded the rating of Maine's most valuable catch in 2022 to address industry impacts on the endangered North Atlantic right whale. Seafood Watch had originally designated the fishery as "yellow," "a good alternative" to the red list. Maine lobstermen have said that the red listing not only is false but also has caused significant economic harm to them and the Maine lobster brand. Companies like Whole Foods, Hello Fresh and Blue Apron subsequently pulled Gulf of Maine lobster from their menus, following in line with Seafood Watch's allegations. One plaintiff, Atwood Lobster, claims it lost a major purchaser due to the red listing. Bean Maine Lobster Inc., the Maine Lobstermen's Association and the Maine Coast Fishermen's Association each reported in the original filing losses in excess of $75,000. "Disregard for fact-driven analysis and its arbitrary treatment of data to suit its false narrative demonstrate the falsity of its claims that 'scientific data' shows that Maine lobster fishing practices threaten ... right whales," the plaintiffs wrote, according to the ruling. The Maine Lobstermen's Association wrote in a statement that the aquarium also has overlooked Maine lobstermen's care for marine life. "This ruling is a crucial step in holding the Monterey Bay Aquarium accountable for misleading statements that have unfairly targeted our industry," Patrice McCarron, executive director of the MLA, wrote Friday evening. "Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims." Woodcock wrote in his ruling that dismissing the suit before the courts determines the merits of the defamation claim and the resulting legal remedies. The Monterey Bay Aquarium has stood by its right to issue the advisory. The aquarium added information in later filings about the death of a North Atlantic right whale in early 2024, which was found entangled in Maine fishing gear. The National Oceanic and Atmospheric Administration determined it died from chronic entanglement caused by the Maine gear. "This fact demonstrates the truth of (the aquarium's) statements that lobster fishing practices threaten the North Atlantic right whale," the aquarium has contended, according to the ruling. Massachusetts lobstermen filed a similar suit shortly after the Seafood Watch advisory, making the same claims of economic harm and requesting $75,000 in damages. The U.S. Northern District Court of California, where the aquarium was asking the courts to transfer the Maine suit, dismissed the Massachusetts claim after the two sides came to an agreement. Massachusetts lobstermen had concluded that "a win in the California court is highly unlikely and extremely costly," the Maine Lobstermen's Association said at the time. The aquarium declined to comment on the ruling Friday night. It is still in the process of "reviewing it and assessing our next steps," a spokesperson said. This ruling only addresses the request for dismissal. But it might provide some insight into how the lawsuit could land. Woodcock writes that the Monterey Bay Aquarium Foundation has claimed the lobster advisory is based on "tentative scientific conclusions," but the watch list can easily be perceived as "conveying verifiable facts." "MBAF cannot have it both ways," Woodcock wrote. The case will now move on to discovery and proceedings, according to Kelley. Copy the Story Link
