Court battle over lobster being placed on do-not-eat ‘red list’ hits a roadblock due to free speech concerns

Seafood Watch placed lobster on its list of seafood to avoid because of the threat posed to rare whales - (Getty/iStock)

A federal appeals court has signaled that it might not allow a lawsuit against a California aquarium to proceed because of the case's potential impact on free speech.

Fishing industry businesses and trade groups out of New England sued the Monterey Bay Aquarium for defamation after the aquarium's Seafood Watch conservation program placed American and Canadian lobster on its do-not-eat “red list” in 2022. The Boston-based 1st U.S. Circuit Court of Appeals is now deciding whether the lawsuit can go forward.