Lawsuit Filed Over Salmon Labeling

SEATTLE - A lawsuit filed in Seattle challenges the policy of three national grocery chains. Safeway, Kroger's (locally Fred Meyer and QFC) and Albertson's allegedly are failing to comply with a Federal regulation which requires farmed salmonids (primarily salmon)-fed coloring agents to be labeled as "colored".

Fish purchased at the stores was labeled farm raised, but did not include the word colored.

Many fish farmers use a color chart, called a salmo-fan, to determine the level of chemical found in shrimp cells which should be added to feed at fish pens.

If any is used, the fish, according to federal regulations, should be labeled. If sold whole, the labels should be placed in a conspicuous place on the counter. If the fish is packaged, the coloring should be noted on the package.

Lori Thomas is one of the consumers filing the class action lawsuit. She reads food labels: "Because I want to know what I'm purchasing." She added it bugged here to discover that the fish was "colored".

Attorney Paul Kampmeier told KOMO 4 News: "Failing to label these artificially-colored salmon is certain a violation of Federal law, and we think it is a violation of Washington State Law."

But the Seattle-King County Health Department told KOMO 4 News:"There is no state or local health code regulation requiring such labeling." The department says the state plans to adopt the Federal Code by sometime in 2005, but right now there is no enforcement and no state requirement affecting any of the stores.

Costco began putting "color added" advisories on farm grown salmon about six weeks ago. They say despite heavy fish purchases during Lent, they receive little customer feedback and there is no indication the advisory resulted in decreased sales.

Many consumers told KOMO 4 News if there is no health impact, such an advisory would not affect their shopping habits. Many added that they do feel such advisories are needed to give customers a choice.