U.S. Appeals Court Reviews Maine Lobster Defamation Suit Against Monterey Bay Aquarium

The 1st U.S. Circuit Court of Appeals is considering whether a defamation lawsuit filed by Maine fishing businesses and trade groups can proceed against the Monterey Bay Aquarium. The suit originates from the aquarium’s Seafood Watch program, which placed American and Canadian lobster on a “do‑not‑eat” red list in 2022 because of the risk of entanglement of the endangered North Atlantic right whale in lobster gear.

Plaintiffs argue the listing falsely portrayed the lobster industry as a threat to whales and caused significant economic harm, citing retailer pull‑backs such as Whole Foods stopping sales of Gulf of Maine lobster. During oral arguments, Judge Seth Aframe said the case raises “troubling” First Amendment questions and does not appear to fit the traditional definition of defamation, warning that a broad ruling could allow anyone to sue over speech.

The aquarium’s attorneys maintain that Seafood Watch’s recommendations are widely used by restaurants and grocers and do not single out the plaintiffs. A lower federal court had previously allowed the suit to move forward. Last year Maine fishermen harvested over 78 million pounds of lobster, valued at more than $460 million.