NEW YORK (Legal Newsline) – A proposed class action lawsuit over where tuna is caught is moving across the country.
On April 1, U.S. Magistrate Judge Katharine Parker transferred the case against American Tuna from New York federal court to San Diego federal court without ruling on a motion for partial dismissal. Plaintiff Jeffrey Craig’s lawyers have agreed to withdraw the unjust enrichment claim and a claim under the Magnusson-Moss Act.
“Not only does San Diego have far greater connections to the key facts and witnesses than New York, but transfer of this case to San Diego will reduce travel costs for some witnesses and be more convenient for more of them than if this case remained in New York,” Parker wrote.
Lawyer Robert Kraselnik of Larchmont, N.Y., filed the case on Nov. 4 on behalf of Craig, of New Jersey. The suit claims Craig relied on statements like “Caught and Canned in the USA” and “100% American Made” when purchasing American Tuna products.
The suit claims much of the company’s tuna is not caught in America and is canned in Thailand and Costa Rica.
The company’s headquarters are in San Diego and has no offices or personnel in New York, so it moved to transfer the case there. Parker wrote the tuna is caught in the Pacific Ocean by around 70 ships based out of California, Oregon and Washington.
The tuna is canned in Washington and Oregon, she wrote, despite the complaint saying otherwise.
“American Tuna does not maintain records of where specifically in the Pacific Ocean the tuna is caught. Rather, the fishermen who catch the tuna each maintain records as to the locations where the tuna was caught, the size and nature of the fishery where they fish in the Pacific Ocean, the pole and line method of catching the fish, and the chain of custody of tuna landed on their vessels to the canneries,” Parker wrote.
“American Tuna states that it expects to call fishermen and a representative from the American Albacore Fishing Association as witnesses regarding where the fish is caught and rules concerning the recordkeeping regarding the same.
“These witnesses are located in San Diego or on the West Coast. American Tuna also states it would call witnesses from its packers who are located on the West Coast. These witnesses would have information about the origin, tracing procedures, canning and auditing of tuna canned at their facilities.”
California has the most locations for Whole Foods, the company’s primary retailer.