A U.S. judge on Tuesday said Costco Wholesale Corp. must face a lawsuit claiming it falsely advertises and labels its canned tuna as “dolphin safe” despite using fishing methods that harm and kill dolphins.
U.S. District Judge William Orrick in San Francisco said the plaintiff in the proposed nationwide class action plausibly alleged that Costco fraudulently pledged adherence to a higher dolphin-safe standard than federal law requires, and then broke its “heightened promise.”