Canned tuna. (Photo Credit: Bumble Bee Foods)
Bumble Bee Foods’ lawsuit sent to Superior Court
Monday, October 27, 2014, 03:40 (GMT + 9)
A class-action suit filed in 2012 accusing Bumble Bee Foods of mislabeling tuna and related products was not dismissed at federal court but the lawsuit was remanded to Superior Court.
The firm had been sued by Lead plaintiff Tricia Ogden, claiming the company's seafood products, labeled "rich in natural Omega-3" or "excellent source Omega-3," were misbranded, The Courthouse News Service reported.
“Several of the products sported a logo or seal with the allegedly bogus claims, which conveyed to consumers the net impression that a food makes only positive contributions to a diet, or does not contain any nutrients at levels that raise the risk of a diet-related disease or health-related condition," Ogden stated.
The plaintiff considered that apart from breaching labeling law by the Food and Drug Administration, Bumble Bee made food label claims that were prohibited by federal and California law.
Last January, the court granted summary judgment on Ogden's claims for damages, finding that she failed to provide sufficient evidence that she was entitled to restitution under the Unfair Competition Law, Fair Advertising Law and Consumer Legal Remedies Act, or disgorgement under the unfair competition and fair advertising laws.
However, the court rulled that Ogden was entitled to pursue injunctive relief.
The new 9-page ruling reads: "With no federal statutory hook to maintain jurisdiction here, the court finds that the 'congressionally approved balance of federal and state judicial responsibilities' tips in favor of remanding."
Bumble Bee sells canned and pouched tuna, salmon, shrimp, crabs, clams, oysters, sardines, mackerel, and chicken.