StarKist Co. struck back at a challenge to its “dolphin-safe” marketing, saying consumers’ failure to allege a single instance in which a dolphin was harmed in its tuna catches dooms their proposed class suit.
The plaintiffs haven’t stated a viable consumer fraud claim because of this lack of specific alleged harm, according to StarKist’s Aug. 9 filing asking the Northern District of California to dismiss the case.
And without any proof of dolphins being injury or killed, the plaintiffs also lack standing because they can’t show any detriment from the purported deception, the company said.
Plaintiffs’ state law claims also ...
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