Jeffrey Alan Spindel and Kevin McCarthy v. Gortons, Inc.


A Massachusetts federal court has granted seafood company Gorton’s, Inc.’s motion to dismiss a request for injunctive relief but will allow plaintiffs to continue other claims alleging that Gorton’s misleads consumers by marketing its tilapia products as “sustainably sourced.” The court noted Gorton’s acknowledged in a hearing “that some of its tilapia comes from fish farms in China” and found that “Plaintiffs … assert a plausible (albeit hotly disputed) claim that Gorton’s tilapia are sourced, in part, from unsustainable Chinese fish farms with ‘environmentally destructive and inhumane’ practices.”

[To accompany Federal Case Law Update "Court Won’t Grant Injunction, but Allows “Sustainably Sourced” Lawsuit against Gorton’s to Proceed" from Brooks Animal Law Digest Issue No. 153.]