Judge Allows Lobstermen’s Defamation Lawsuit

In Scarborough, Maine, a federal court has permitted a group of lobster fishermen to proceed with a defamation lawsuit against a leading seafood conservation organization. The dispute revolves around a report suggesting that consumers should avoid Maine lobster due to its impact on a rare whale species.

A conservation program, Seafood Watch, part of California’s Monterey Bay Aquarium, placed U.S. and Canadian lobster on its “red list” in 2022, advising against their consumption because of the risk posed to the endangered North Atlantic right whale, which can become entangled in fishing gear. Some retailers responded by removing lobster from their offerings following this recommendation.

Last month, Judge John Woodcock ruled that the fishermen presented a valid argument, emphasizing the reputational damage suffered by their industry due to the red-list designation. The aquarium had previously sought to have the 2023 lawsuit dismissed in U.S. District Court in Maine, but Woodcock’s decision allows the case to proceed. The aquarium has filed an appeal, but the lawsuit remains active.

“Reputation and goodwill cannot be adequately replaced through awarding damages, and this injury lingers as long as the ‘red listing’ does,” Judge Woodcock stated.

The lobster industry, predominantly located in Maine, is one of the most profitable fisheries in the country, generating over half a billion dollars in dockside value last year. However, lobster trap entanglements are a primary threat to the North Atlantic right whale, whose population has dwindled to fewer than 400.

Despite the court’s decision, Monterey Bay Aquarium maintains its right to share its recommendations, emphasizing the importance of providing critical information to consumers. Emerson Brown, the aquarium’s spokesperson, expressed commitment to retaining this ability.

The Maine Lobstermen’s Association, a plaintiff in the lawsuit, hailed the court’s ruling as “significant.” Patrice McCarron, the association’s executive director, asserted, “Maine lobstermen have been stewards of the ocean for generations, and we are committed to defending our livelihood against baseless claims.”