Appeals court throws out lobster industry's defamation suit against aquarium

In 2023, the Maine Lobstermen’s Association, Maine Coast Fishermen’s Association and three lobster businesses filed a defamation suit against the Monterey Bay Aquarium Foundation, alleging its Seafood Watch program’s “red list” label misrepresented the industry’s environmental impact. The foundation had warned that current lobster-fishing methods fail to adequately reduce whale entanglements and aid recovery of the critically endangered North Atlantic right whale.

A federal judge had allowed the case to proceed in 2025, but the 1st U.S. Circuit Court of Appeals overturned that decision on Friday. The appellate panel held that advocacy urging consumers to avoid certain products is protected by the First Amendment and that the listing did not specifically name the plaintiffs. Consequently, the lawsuit was dismissed. The ruling underscores the legal protection of environmental advocacy statements.