Appeals court dismisses Maine lobstermen's defamation suit against Monterey Bay Aquarium

A federal appeals court has dismissed a defamation lawsuit brought by Maine lobstermen and industry groups against the California-based Monterey Bay Aquarium. The lawsuit followed the aquarium’s Seafood Watch program “red-listing” lobster fisheries, a move that urged consumers and businesses to avoid purchasing lobster due to concerns regarding the endangered North Atlantic right whale.

The plaintiffs, including the Maine Lobstermen’s Association and the Maine Coast Fishermen’s Association, argued the rating caused significant economic harm. However, the First Circuit Court of Appeals ruled that the plaintiffs failed to meet the “particular-reference exception” required under Maine’s defamation laws. The court concluded that a defamatory statement about a large group is not actionable unless the context indicates it is targeted at specific members.

The dispute centers on the environmental impact of lobster fishing gear on the North Atlantic right whale population, which is estimated at approximately 380 individuals. While lobstermen argue their gear is linked to very few documented entanglements, conservationists and biologists maintain that the fishery poses a serious risk to the species.