Toxin Free USA beats ALDI's Motion to Dismiss in False Advertising Case

ALDI's Atlantic salmon packaging claims of sustainability may be misleading to consumers

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Feb 17, 2022, 08:22 ET

WASHINGTON, Feb. 17, 2022 /PRNewswire/ -- The District of Columbia Superior Court rejected the motion to dismiss a lawsuit brought by Toxin Free USA against supermarket chain ALDI Inc. alleging the company makes deceptive sustainability marketing claims about ALDI's fresh Atlantic salmon products.

The lawsuit alleges that ALDI's use of the phrase "Simple. Sustainable. Seafood." on the 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.

The complaint was filed in May 2021, under the District of Columbia Consumer Protection Procedures Act (CPPA). The nonprofit is represented by Richman Law & Policy. Toxin Free USA is not asking the court for damages but seeks to end ALDI's unlawful conduct directed at D.C. consumers.

In denying ALDI's motion to dismiss, the Court ruled that the nonprofit plaintiff had sufficiently alleged "factual content that allows the Court to draw the reasonable inference that the Defendant is liable for the misconduct alleged."

Global Seafood Alliance (GSA), the leading trade association for the global seafood industry, weighed in to support dismissal via amicus brief. However, the Court rejected GSA's argument that compliance with industry best practices or GSA's own Best Aquaculture Practices Certification necessarily makes a seafood product "sustainable" in the eyes of reasonable consumers.

"We are pleased to see the court stand up for consumers and reject ALDI's claims that no reasonable consumer would believe its false statements," said Diana Reeves, Toxin Free USA executive director. "Now we look forward to holding ALDI accountable during the next phase of this legal battle in our ongoing campaign to protect consumers from patently false marketing claims."

Read the court's decision here.

GMO/Toxin Free USA is a national 501(c)(3) nonprofit advocating for a clean, healthy food system and environment and educating consumers about the hazards of GMOs, synthetic pesticides, and other toxins.

SOURCE Toxin Free USA