This is where we REALLY need a photo ID law

Fishy Business: Seafood Mislabeling is Common

By JULIA WYMAN/special to ecoRI News

When shoppers go to the grocery store or to a restaurant, they expect that the item they choose to buy is the one they receive. However, that isn’t always the case with seafood, according to a new report that says more than a third of fish marketed to consumers may be mislabeled.

A recent report by the conservation group Oceana entitled “Bait and Switch: How Seafood Fraud Hurts Our Oceans, Our Wallets and Our Health” indicated that seafood mislabeling is a common occurrence; between 1988 and 1997, National Marine Fisheries Service data showed that 37 percent of fish and 13 percent of shellfish and other seafood was mislabeled. Another review of labeling found misidentification on more than one-third of fish, while yet another report indicated that one-quarter of fish tested in the United States and Canada are mislabeled.

What does this mean for average consumers?

"I thought I ordered unagi?!?!"

It means they are likely paying for a more expensive fish than they are receiving. Pricier, sought-after fish such as red snapper may be replaced with less-expensive tilapia. Consumers may believe they are buying wild salmon and be willing to pay a higher price for that fish, when in fact, they are purchasing farm-raised salmon.

Mislabeling can lead to human health risks. Consumers who don’t know the species or origin of the fish they are buying may be exposed to contaminants, pathogens and allergens that can cause issues such as food poisoning, neurological symptoms and anaphylactic shock.

Mislabeling also means that regulation of protected fish species may be circumvented. Mislabeling indicates there isn’t proper oversight and regulation of seafood inspection and labeling. In fact, according to the Government Accountability Office, while most of seafood in the United States is imported, only 2 percent of it is inspected. While much of the mislabeled fish are in fact of a more thriving species, inadequate inspection and oversight can raise risks of overfishing of more threatened species.

There also are great legal consequences to seafood mislabeling. The Lacey Act prohibits trade in wildlife, fish and plants that have been illegally taken, transported or sold. Civil and criminal penalties apply to those that violate the Lacey Act.

The increased focus on seafood mislabeling in the news and in the courts is an encouraging movement toward proper, effective seafood labeling. Moving forward, research on the current process of seafood labeling will be necessary to identify gaps in the current system and identify corrective measures, including law and policy changes, that can be taken to reduce this practice.

Julia Wyman is the staff attorney for the Marine Affairs Institute at Roger Williams University School of Law and Rhode Island Sea Grant Legal Program. The story appears in41°N, a publication of Rhode Island Sea Grant and the Coastal Institute at the University of Rhode Island.