U.S. Superior Court for the District of Columbia Judge Heidi Pasichow has rejected a motion to dismiss a lawsuit alleging Aldi had been deceptive in its claims of sustainability for its fresh Atlantic salmon products.
Filed in January 2021, the lawsuit alleges Aldi's use of the phrase "Simple. Sustainable. Seafood." on its Atlantic salmon products “leads consumers to believe that the salmon was farmed in accordance with high environmental and animal welfare standards, but in reality, the salmon are sourced unsustainably,” Toxin Free USA, which is suing Aldi, said in a new press release. GMO/Toxin Free USA is a nonprofit that advocates against the use of GMOs, synthetic pesticides, and other toxins in food products. Its complaint describes the net-pen farms in Chile, the source of some of the salmon sold by Aldi, as using an “ecologically dangerous method” of salmon production in which thousands of fish are crowded into cages or pens.
In denying Aldi's motion to dismiss, Pasichow said Toxin Free USA had sufficiently alleged "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.”
Toxin Free USA provided sufficient information demonstrating that Aldi’s packaging and marketing is misleading and confusing to consumers, and provided documentation that consumers may perceive the word “sustainable” as misleading, according to the court ruling.
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