NOAA Fisheries’ Office of Law Enforcement (OLE) recently concluded two multi-year investigations into the illegal importation of tuna products, resulting in $222,902 in civil penalties and the removal of millions of pounds of improperly labeled product from U.S. supply chains.
The cases underscore the rigorous enforcement of the Dolphin Protection Consumer Information Act and serve as a reminder to all stakeholders of the legal risks associated with labeling non-compliance.
The Violations: A Breakdown
The investigations centered on tuna harvested by Mexican purse seiners in the eastern tropical Pacific. Under U.S. law, these products did not meet the criteria for “dolphin-safe” status, yet were marketed with the logo to domestic consumers.
- Case 1: Large-Scale Distribution
- Volume: 74 shipments totaling 2.2 million pounds of canned and pouched tuna.
- Outcome: NOAA intercepted an additional 46,080 cans en route. The importer cooperated by pulling retail stock and donating it to food insecurity non-profits.
- Corrective Action: The company has committed to new, logo-free labeling for all future U.S.-bound shipments.
- Case 2: National Retailer
- Volume: 29 shipments totaling 1.2 million pounds of yellowfin.
- Outcome: The retailer blocked point-of-sale transactions and returned all incoming shipments to Mexico.
- Corrective Action: The company terminated its relationship with the non-compliant supplier and implemented a “more robust internal review process” for all seafood imports.
Why This Matters for the Industry
For domestic fishers and compliant importers, these enforcement actions are vital for maintaining a level playing field. The “dolphin-safe” designation carries significant market premiums; when misapplied, it devalues the efforts of those adhering to strict harvest and tracking protocols.
“Having a presence at our borders and ports of entry is vital to ensuring seafood enters our country lawfully,” says Paige Casey, acting assistant director of the NOAA Fisheries OLE Southeast Division.
Compliance Checklist for Importers
To avoid civil penalties and costly product seizures, firms should review their current protocols regarding the Tuna Tracking and Verification Program (TTVP):
- Verify Harvest Origin: Ensure your suppliers provide accurate documentation for tuna harvested in the Eastern Tropical Pacific (ETP).
- Audit Your Labels: Confirm that any “dolphin-safe” mark on your packaging is backed by valid certifications that meet U.S. Department of Commerce standards.
- Supplier Due Diligence: As seen in the recent retail case, NOAA holds the importer of record responsible for the accuracy of the labels applied by overseas suppliers.
Reporting Violations
Industry members with knowledge of labeling fraud or fishery violations are encouraged to contact the NOAA Enforcement Hotline at (800) 853-1964.