May 1

May 1, 2003
Dear Mother Linda’s Update Recipients,

Below, you will find two communications I received in the past few days about some exciting developments. Last Wednesday, a lawsuit was filed in Seattle to force three grocery store chains in the Northwest to label farmed salmon at the point of sale to let the consumer know that it is colored with artificial red food dyes.

In just over a week, the aforementioned grocery stores have finally agreed to provide in-store labeling—an action required by law as stated in the Federal Register, but one that has been completely ignored. I have been told by someone following these developments, that my May 2000 article, “Is Something Fishy Going On?, was one of the seminal source materials and inspirations for these actions. Needless to say, I am proud as punch.

Mother Linda

FOR IMMEDIATE RELEASE:
Wednesday, April 23, 2003

CONTACTS:
Knoll Lowney, Attorney: 206-860-2976 / cell: 206-650-1044 / knoll@igc.org
Paul Kampmeier, Attorney: 206-860-4102
John Volpe, Ph.D. University of Alberta: 780-492-4637 / cell: 780-886-2104
jvolpe@ualberta.ca (issues expert)
Anne Mosness, Institute for Agriculture and Trade Policy: 360-224-4100 / eatwildfish@aol.com (issues expert)

Buyer Beware: Something Fishy about Farm Raised Salmon
Nationwide Class Action Suits Filed Today Claim Retailers Deceived Consumers

Seattle, WA -- Class action lawsuits filed today claim that the nation¹s three largest grocery chains --Safeway, Albertsons and The Kroger Company -- illegally concealed the artificial coloring in their farm-raised salmon. Without this artificial coloring, farmed-salmon fillets would be an an appetizing gray -- something most fish lovers do not know. Salmon is one of the most popular fish in the country, second only to shrimp and canned tuna.

The lawsuits charge that the chains, which account for over 6,000 stores in more than 30 states across the U.S., deceived consumers by failing to comply with federal law requiring disclosure of artificial coloring in farm-raised salmon. Unlike wild salmon, farm-raised fish rely on chemicals to turn their flesh pink. Industry sponsored market research shows that "consumers will pay more for redder salmon" because consumers believe color is an indicator of salmon quality. Fish farmers use what¹s called a "Salmofan" --not unlike the chips found in paint stores -- to determine the volume of chemical needed to get the right flesh color.

Wild salmon develop their trademark color naturally, because they feed on certain prey like krill (tiny shrimp-like crustaceans). Farmed salmon get their color from formulated feed, which usually contains the chemicals astaxanthin and canthaxanthin. (In response to concerns about adverse health affects, the European Union has agreed to significantly reduce the level of canthaxanthin that may be fed to farm-raised salmon).

According to the suits' claims, lack of labeling also misleads the public into thinking they¹re buying wild salmon, avoiding the problems associated with farm-raised salmon including:
* Contamination from antibiotics and exposure to pesticides and other chemicals
* Risks to wild salmon and other aquatic species from disease and parasites, which escape from fish farm pens
* Misrepresentation of health benefits - according to the US Department of Agriculture, farmed Atlantic salmon is over 200 percent higher in saturated fat than wild pink or chum salmon
* Impacts on marine ecosystems from fish farm pollution

The lawsuits are designed to protect millions of consumers who purchase farm-raised salmon from the three chains, and call for:
* Damages for consumers, expected to exceed tens of millions of dollars for each chain
* A court order requiring the chains to inform consumers that the salmon are artificially colored
* Civil penalties for violation of various consumer protection statutes

Filed in the King County Superior Court in Seattle, Washington, the claims are being brought by Smith & Lowney, PLLC, a law firm specializing in public interest consumer and environmental law. The named representatives in the class action suits are consumers who purchased farm-raised salmon from the chains, and were not made aware of the presence of artificial colorants.

FOR MORE INFORMATION & DOCUMENTATION, GO TO: www.smithandlowney.com/salmon

Thursday, May 1, 2003

Grocery chains agree to label farm-raised salmon

SEATTLE POST-INTELLIGENCER REPORTER
http://seattlepi.nwsource.com/local/120008_salmon01.html

Reacting quickly to a consumer complaint, grocery giants Albertsons, Kroger and Safeway have begun labeling farm-raised salmon in their stores across the country as artificially colored.

One week ago, several Seattle consumers filed lawsuits against the supermarket chains for not informing the public that farm-raised salmon are fed a color additive to make the flesh pinkish-red.

If not given the additive, farm-raised salmon would be grayish, which consumers described last week as unappetizing. With the additive, wild and farm-raised salmon look alike and one might be easily mistaken for the other.

Paul Kampmeier, a Seattle lawyer whose firm filed the suits, praised the companies' decision to begin labeling, but said the move does not fully settle consumers' claims.

"There are still thousands of people out there who were harmed," Kampmeier said. "They were duped into buying a product they otherwise wouldn't have."

The lawsuits do not allege that physical harm was done to consumers for buying -- and eating -- artificially colored salmon, but the complaint outlines specific health and environmental risks associated with farm-raised salmon.

Those risks include eating flesh contaminated with antibiotics and pesticides, higher saturated fat, and danger to marine ecosystems and wild salmon from farm pollution.

The chemicals added to salmon feed -- canthaxanthin and astaxanthin -- are found in nature. Wild salmon get the chemicals, and their natural color, by eating krill.

Representatives from Albertsons, Kroger and Safeway confirmed that artificial-color labels will appear in stores immediately. They declined to comment on the lawsuit.

Kroger operates QFC and Fred Meyer stores locally.

P-I reporter Candace Heckman can be reached at 206-448-8348 or candaceheckman@seattlepi.com