Appeals court questions lobster defamation suit over free-speech concerns

The Boston-based 1st U.S. Circuit Court of Appeals is reviewing a lawsuit filed by lobster fishermen and industry groups seeking damages from the Monterey Bay Aquarium over its Seafood Watch program’s 2022 decision to label American and Canadian lobster as a seafood to avoid. Judges, including Seth Aframe, questioned whether the claim meets the legal definition of defamation and highlighted concerns that the suit could set a precedent for widespread litigation against environmental statements.

Seafood Watch placed lobster on its red list because of the danger that fishing gear poses to rare whales such as the North Atlantic right whale, a risk the plaintiffs argue is overstated compared to threats from other fisheries. The industry claims the listing has caused economic harm, prompting retailers like Whole Foods to stop selling Gulf of Maine lobster. The aquarium declined to comment, while its attorney Amy Saharia noted the report never singled out the plaintiffs by name. A district court last year permitted the case to proceed, and the appellate decision will determine if it can move forward.