Buyers of American Tuna Seafood Vie for Class Consideration in Suit Against Made in America Claims

Purchasers of tuna from American Tuna urged the U.S. District Court for the Southern District of California to move for class certification in their suit that claims that American Tuna and World Wise Foods, its corporate parent, "deceived consumers" by creating the idea that its tuna is caught in U.S. waters. The buyers, led by Jeffrey Craig, said that a "significant portion" of American Tuna's brand tuna, which is branded as "100% American Made," is not caught in the U.S. (Jeffrey Craig, on behalf of himself and all others similarly situated v. American Tuna, S.D. Calif. # 3:22-00473).

The buyers said their suit satisfied all the criteria for class certification under the Federal Rules of Civil Procedure. The procedure's Rule 23(a) says that members of a class can sue as representatives on behalf of all members only if the class is so large that bringing in all members is "impracticable," there are common questions of law or fact across the class, the claims are typical of the claims of the class and the representatives will "fairly and adequately protect the interests of the class."

Each rule is satisfied here, the brief said. Thousands of customers bought American Tuna products, and the buyers already part of the case showed that American Tuna's behavior "was the same to all class members so that liability to each will be determined by answering the same questions, including whether American Tuna's conduct was likely to deceive a reasonable consumer," the brief said. The buyers also said they demonstrated that the legal theory and injury is the same for all class members, and they said they showed they have no conflicts and "have been vigorously prosecuting the case on behalf of the class."

The would-be representatives added that criteria under rule 23(b)(3), which says the class action must be superior to other available methods for relief, is satisfied. "Because a determination of the truth or falsity of American Tuna’s representations will resolve an issue that is central to the validity of each class member’s claims in one stroke, class treatment is not only appropriate for Plaintiff’s claims, it is superior to other available methods for fairly and efficiently adjudicating the controversy," the brief said.