Federal Court Rules that Class Action Against Costco for Misleading Dolphin-Safe Claims May Proceed

The U.S. District Court for the Northern District of California denied Costco’s motion to dismiss a lawsuit alleging that it misleads customers with “dolphin-safe” labels on its Kirkland brand tuna when, in fact, it sources tuna from suppliers who use unsustainable fishing practices “that are known to kill and harm dolphins and other marine life.” The court rejected Costco’s argument that the plaintiff’s claims are preempted by the Dolphin Protection Consumer Information Act because Costco made its own, heightened promise that the products are dolphin-safe.