A federal appeals court ruled Oct. 9 that Maine lobster businesses and industry organizations could not pursue their defamation claims over the Monterey Bay Aquarium's recommendation that consumers avoid American lobster.
The First Circuit reversed a lower court decision allowing the claims to proceed and sent the case back with instructions to dismiss the complaint. The case concerns Seafood Watch, the aquarium's seafood-rating program, which urged consumers to avoid American lobster over risks to endangered North Atlantic right whales.
The court applied the group-defamation rule: criticism of a large group generally does not let an individual member sue unless the statement or its context points specifically to that member.
The plaintiffs argued that the rating implicated their businesses and that customers had cited it when ending business relationships. The appeals court found that insufficient to show the statements referred to those plaintiffs specifically.
The ruling addresses that legal requirement. It does not decide the scientific question of how the fishery affects whales.
Sources
First Circuit opinion, Bean Maine Lobster v. Monterey Bay Aquarium, Oct. 9, 2026