Amazon Falsely Advertises Seafood Products as ‘Sustainably Sourced,’ Class Action Suit Alleges

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A proposed class action lawsuit alleges that Amazon has falsely advertised that certain seafood products sold on its platform are sustainably sourced using environmentally friendly fishing practices.

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The 93-page lawsuit accuses Amazon of having “greenwashed” certain seafood and seafood products sold on its platform with “unqualified, unsupported, and at times untrue” claims that the fish are “wild caught,” “sustainably sourced” and “traceable,” among other representations. The case says that Amazon’s seafood sustainability claims are, “at best, unsubstantiated and at worst, materially false,” and mislead consumers into paying premium prices for seafood whose sourcing is not ecologically responsible as advertised.

“Greenwashing occurs when a company positions itself (or a specific product) as having a positive influence on environmental issues, when in reality, the company (or product) is either exaggerating its influence and/or actively engaging in negative environmental practices that do not align with its previously touted green goals,” the class action lawsuit explains.

According to the complaint, the seafood or seafood products at issue in the Amazon greenwashing class action lawsuit include:

• Bumble Bee Chunk Light Tuna in Water (5 ounce can);
• Bumble Bee Wild Caught Pink Salmon with Skin & Bones (14.75 ounce can);
• Bumble Bee Pink Salmon Wild Premium (14.75-ounce can, pack of 3);
• Amazon Fresh Brand Wild Caught Pink Salmon Skinless Fillet Portions (frozen);
• Amazon Fresh Brand Wild Caught Flounder Boneless Skinless Fillet Portions (Frozen);
• Bumble Bee Applewood Smoke Seasoned Tuna (pouch);
• Bumble Bee Spicy Thai Chili Seasoned Tuna (2.5-ounce pouch, pack of 12);
• 365 by Whole Foods Market Beer Battered Pollock (frozen);
• Bumble Bee Chunk Light Tuna in Water (2.5-ounce pouch);
• Bumble Bee Jalapeno Seasoned Tuna (2.5-ounce pouch, pack of 12);
• 365 by Whole Foods Market Unsalted Skipjack Tuna in Water (5-ounce can);
• Bumble Bee Prime Lemon & Pepper Yellowfin Tuna in Extra Virgin Olive Oil (5 ounce can);
• Chicken of the Sea Alaskan Pink Salmon in Spring Water (2.5 ounce packet);
• 365 by Whole Foods Market Albacore Wild Tuna, no salt added (5-ounce can);
• Chicken of the Sea Alaskan Pink Canned Salmon in Water (5 ounce can);
• Amazon Grocery Wild Caught Yellowfin Tuna (Fresh);
• 365 by Whole Foods Market Wild Fancy Pink Salmon (6-ounce can);
• Amazon Grocery Wild Caught Pacific Cod (Frozen);
• Starkist Wild Pink Salmon, Boneless, Skinless (2.6-ounce pouch);
• Rio Mare Premium Yellowfin Tuna with a drizzle of olive oil (3.2-ounce can);
• Amazon Grocery Wild Caught Alaskan Sockeye Salmon (Frozen);
• 365 by Whole Foods Market Sockeye Salmon Fillet (Frozen);
• Genuine American Tuna Premium Wild Pacific Albacore Tuna Fillets, no salt (5 ounce can);
• Fishwife Albacore Tuna in Spicy Olive Oil (3.2-ounce can);
• Fishwife Albacore Tuna in Olive Oil (3.2-ounce can);
• 365 by Whole Foods Market, Full Size Fish Omega 1000 MG;
• Sports Research, Alaskan Omega-3 Salmon Oil Supplements, Wild Caught Sockeye;
• Sports Research, Alaskan Omega-3 Fish Oil Supplements, Triple Strength.

According to the false advertising lawsuit, Amazon, which has positioned itself as a “leading environmental steward” through its Climate Pledge program and commitment to annual sustainability reports, wields its extensive control over product listings and point-of-sale disclosures online to ensure that product listings include “broad sustainability messaging” touting, for instance, “clean ingredients,” “dolphin safe,” and whether an item is “[Marine Stewardship Council] Certified Sustainable Seafood.”

The lawsuit says, however, that Amazon’s use of the Marine Stewardship Council (MSC) certification is misleading given the organization’s “pay-for-play” certification model, whereby fisheries pay auditors for assessing them. The filing says that MSC has in fact relaxed its sustainability standards over time, and as a result, fisheries can acquire and maintain an MSC sustainability certification while continuing to engage in harmful fishing practices—such as dredging, bottom trawling, or the use of fish-aggregating devices—that can damage marine habitats and kill endangered species.

Further, the complaint contends that Amazon’s misrepresentations run afoul of standards set in the Federal Trade Commission’s Green Guides, which warn against retailers making unqualified claims about purported environmental benefits. In fact, the suit argues, Amazon’s deceptive conduct is a violation of its own marketing policies, which prohibit misleading advertising and specifically state that all environmental claims must be supported by evidence.

“Amazon does not independently verify, and lacks a reasonable basis to substantiate, each sourcing, traceability, and sustainability attribute it represents,” the lawsuit conveys.

The suit claims that by omitting necessary information about the veracity of any sustainability claims, Amazon “deprives consumers of the ability to make informed purchasing decisions and causes them to pay a premium for products they otherwise would not have purchased, or for which they would have paid less.”

 The Amazon class action lawsuit looks to cover all individuals in the United States who purchased a greenwashed seafood product from Amazon through the time of trial.

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