Migliaccio & Rathod LLP is currently investigating Safe Catch after the National Advertising Division (NAD), a unit of BBB National Programs, investigated and found some false and misleading claims in the marketing of their canned tuna products. Specifically, the NAD recommended that Safe Catch discontinue or modify each of the following fully or partially unsupported claims and/or references used in their marketing and branding material:
- Regarding mercury content:
- “eight times lower than albacore tuna (FDA)”
- “22 times lower than the FDA’s mercury limit”
- “Safe Catch is the only seafood brand to align itself with the mercury standards of the medical community”
- “our Elite Tuna has a strict limit that averages two times lower mercury than the recommendation for pregnant women and kids”
- “better tasting” claims and “best choice-clean eating”
- References and claims related to groups or organizations including:
- “only tuna” and “only seafood brand… endorsed by the American Pregnancy Association”
- “Tuna Pick for Kids”
The NAD additionally chastised the company, recommending that they discontinue the tactic, for use of advertising material which suggests that eating any other brand’s tuna poses significant health risks to consumers. Moreover, the NAD emphasized that living up to certain claims, including that Safe Catch tests each of their cans of tuna, need not be praised, as this transparency ought to be standard for any company. Safe Catch has denied wrongdoing but agreed to comply with the guidance by changing future advertising of their product.
Have you purchased Safe Catch Tuna following the guidance of their advertising material suggesting superiority to other brands?
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The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation against large corporations, including in cases involving unfair and deceptive trade practices. More information about our current cases and investigations is available on our blog.