Appeals court dismisses Maine lobster defamation lawsuit

U.S. Circuit Court Dismisses Maine Lobster Industry’s Defamation Suit Against Monterey Bay Aquarium

In a decision that underscored the protection of consumer‑choice advocacy under the First Amendment, the 1st U.S. Circuit Court of Appeals on Friday dismissed a defamation lawsuit filed by Maine’s lobster fishers against the Monterey Bay Aquarium Foundation. The lawsuit, which began in 2023, had alleged that the aquarium’s Seafood Watch program unfairly labeled lobster a “red‑listed” product and had misled consumers about the integrity of Maine’s lobster fisheries.

Parties and the Alleged Defamation

The plaintiffs— the Maine Lobstermen’s Association, the Maine Coast Fishermen’s Association, and three individual lobster businesses— claimed that the aquarium’s designation of lobster as a red‑listed item constituted false statements that harmed the fishery’s reputation and caused economic losses. They argued that the listing falsely suggested that Maine lobster practices were unsafe or unsustainable, and that consumers had specifically cited the red listing when choosing not to purchase lobster.

The defendant, Monterey Bay Aquarium Foundation, runs the Seafood Watch program, an independently funded guide that rates seafood based on environmental sustainability. In 2014 the program awarded lobster a yellow rating, urging caution. In September 2022 it upgraded the rating to red, recommending that consumers avoid lobster caught by trap from Georges Bank and the Gulf of Maine because of the risk of entanglement to the critically endangered North Atlantic right whale and a perceived lack of adequate mitigation measures.

Legal Proceedings

The case made its way to federal court after the plaintiffs filed suit in 2023. In 2025, a federal judge allowed the lawsuit to proceed, refusing to dismiss it at the outset. The plaintiffs then appealed to the 1st U.S. Circuit Court of Appeals, which is based in Boston and hears cases from Maine, Massachusetts, and New Hampshire.

In a Friday ruling, the appellate panel reversed the lower court’s decision. The court held that the aquarium’s recommendation to consumers to avoid lobster was a protected call to action under the First Amendment, and that the listing did not specifically reference the plaintiffs. Consequently, the court dismissed the defamation claim, effectively ending the litigation.

Court’s Rationale

Judge‑appointed panels routinely weigh whether a statement is a factual claim or a policy recommendation. In this case, the appellate court found that the Seafood Watch rating was a policy recommendation rather than a definitive assertion of fact. The court emphasized that “calls to action, including boycotting products or industries, are protected under the First Amendment.” The court also noted that the rating was broad, affecting all lobster caught by trap in the specified regions, and did not single out any particular company or individual in the lobster industry.

Responses

The Monterey Bay Aquarium Foundation issued a statement praising the court’s decision. “People’s choices have the power to shape the future of the ocean,” the statement read. “Programs like Seafood Watch guide consumers and businesses toward environmentally sustainable choices that support a healthy, thriving ocean, benefiting food security, fisheries and coastal communities whose livelihoods depend on the ocean.”

An attorney with the Conservation Law Foundation, which filed a friend‑of‑the‑court brief supporting the aquarium, described the ruling as a “victory for all environmental advocates and freedom of speech.” “We can’t effectively fight threats to the natural world without naming them. Speaking openly and honestly about environmental challenges is essential to protecting our planet,” he said.

The Maine Lobstermen’s Association and Maine Coast Fishermen’s Association did not comment on the decision when approached. Their spokespersons had also declined to weigh in on the lawsuit earlier in the year.

Background on the Red Listing

Seafood Watch’s red rating for lobster is part of a broader effort to highlight fisheries that pose significant risks to marine life. In its 2022 report, the program warned that lobstermen’s use of buoy lines and other gear can entangle right whales, and that current mitigation measures were insufficient. The program also cited the high concentration of right whales in the Gulf of Maine, which is also a prime lobster habitat.

The lobster industry has long been a cornerstone of Maine’s economy, supporting thousands of jobs and generating billions in revenue. Critics of the red listing argue that the program’s criteria may not fully account for the complexities of lobster harvesting and that the label could unfairly damage an industry that already faces challenges such as climate change, overfishing, and market fluctuations.

Looking Ahead

While the court’s decision clears the plaintiffs of liability, it leaves open the broader debate over the role of independent sustainability ratings in influencing consumer behavior and industry practices. Seafood Watch continues to maintain its rating system, which has already prompted some fisheries to adopt more stringent gear‑safety measures to avoid red listings.

For the Maine lobster industry, the ruling removes the immediate threat of defamation litigation, but it may spur efforts to engage more closely with sustainability organizations to address concerns about entanglement and to promote practices that safeguard both the fishery and the endangered right whale.

The case serves as a reminder that the intersection of environmental advocacy, industry reputation, and consumer choice remains a contested—and increasingly litigated—space.