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U.S. grocery chains sued for "concealing the artificial coloring in their farm-raised salmon"

Class action lawsuits filed today claim that the three largest grocery chains in the U.S., Safeway, Albertsons and The Kroger Company, illegally concealed the artificial coloring in their farm-raised salmon.
April 23, 2003

Class action lawsuits filed today claim that the three largest grocery chains in the U.S., Safeway, Albertsons and The Kroger Company, illegally concealed the artificial coloring in their farm-raised salmon.

A press release issued by law firm Smith & Lowney titled: Buyer Beware: Something Fishy about Farm Raised Salmon - Nationwide Class Action Suits Filed Today Claim Major Retailers Deceived Consumers, reads:

"Without this artificial coloring, farmed-salmon fillets would be an unappetizing 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 what's called a "Salmofan" --not unlike the chips found in paint stores -- to determine the volume of chemical needed to get the right flesh color. See smith&lowney.com/salmon

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 they're 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 AND DOCUMENTATION, GO TO: www.smithandlowney.com/salmon
The press release also shows Roche's SalmoFan, with the text "a tool used by Salmon Farmers to decide what shade of pink they would like their Salmon to be at time of slaughter. The color selection is made and the corresponding level of colorance is then added to feed. The SalmoFan is evidence in our lawsuits".