Two years ago, a group of supermarket chains was sued for not disclosing whether the salmon they sold was wild or farm-raised. They also failed to disclose whether artificial food coloring was added to make the salmon appear salmon pink instead of gray.
The plaintiffs had alleged that fish farmers feed farmed salmon the chemicals canthaxanthin and astaxanthin to obtain the colour of flesh resembling that of wild salmon. They also alleged that the flesh of farmed salmon would have appear grayish without the chemical additives.
Consumers often believe that the color of salmon is an indication of its origin, quality, freshness and flavour.
The Court had noted that if that allegation is true, then it would be a violation of the Federal Food Drug and Cosmetic Act.
However, the court refused to rule on the issue, saying instead that private citizens are not entitled to bring these suits unless the statute specifically allows it.
Since the act does not have such a section, the court barred further hearing of the lawsuits, saying that these cases could only handled by the California Attorney General Bill Lockyer or United States Attorney General Albert Gonzales.
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