Aldi’s motion to dismiss a seafood sustainability false claims class-action lawsuit has been rejected for a second time.

On 17 May, the U.S. District Court for the Northern District of Illinois rejected Aldi's motion to dismiss a class-action lawsuit brought by Jessica Rawson in May 2021 alleging the retailer made deceptive sustainability marketing claims about its fresh Atlantic salmon products. Rawson is represented by Richman Law and Policy, which has brought several similar lawsuits against seafood suppliers, including Cooke and Red Lobster.

Rawson has alleged Aldi's Atlantic salmon is sourced, at least in part, from Chile, which has an “avoid” recommendation from the Monterey Bay Aquarium Seafood Watch sustainability ratings system, Richman Law said in a press release. Chile’s net-pen aquaculture systems grow thousands of fish in cages in natural waterways, which Richman Law claimed is an ecologically dangerous practice.

“Because net pens are directly connected to the broader marine environment, pollutants, diseases and escaped salmon may spread from the farms into the environment. As cited in the complaint, one scientific paper notes that the ‘risks of damage to wild salmon populations, ecosystems, and society are large’,” Richman said.

The court’s decision found Rawson’s claim that Aldi's use of "sustainable" was misleading to be plausible, even though Aldi’s fresh Atlantic salmon has Best Aquaculture Practices (BAP) certification.

Representatives for Richman Law...

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