Class Action Lawsuit Claims MW Polar Foods Salmon Fillets Contain Undisclosed Chemical Color Additive

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A proposed class action lawsuit alleges MW Polar Foods Corporation has falsely advertised its Salmon Fillet in Brine and Juice product by failing to disclose that the farm-raised salmon derives its characteristic pink color from chemical coloring additives.

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The 33-page lawsuit claims that independent testing conducted by the plaintiffs’ counsel confirmed that the Salmon Fillet in Brine and Juice contains astaxanthin, an artificial food additive used to color the meat pink to imitate the natural color of wild-caught salmon, rather than the white or grey color typical of farm-raised salmon.

Both California and federal law require that the use of astaxanthin or canthaxanthin, another common additive used to color farmed salmon, be disclosed on the label of food products containing these artificial additives, the filing states. However, the lawsuit claims that no such disclosure is made on the label for MW Polar salmon containing astaxanthin.

The suit alleges that the company has used the additive to appeal to the public perception of color as an indicator of freshness and the apparent consumer association between color and quality. In particular, the suit shares, consumers associate deeper pinks and reds with wild-caught salmon, which the lawsuit says the average consumer prefers over farmed salmon due to the known negative impacts of salmon farming on both the fish and the environment.

The lawsuit alleges that MW Polar Foods Corporation should have known that consumers would have been misled by its omission of the presence of color additives. The case says the plaintiffs would have paid less for the product, or not purchased it at all, had they been made aware of the use of artificial coloring additives in the food.

The class action lawsuit against MW Polar Foods Corporation seeks to represent anyone in the United States who purchased the company’s Salmon Fillet in Brine and Juice product within the applicable statute of limitations period.

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