A California resident has filed a federal civil action against StarKist Co., accusing the owner of StarKist Samoa cannery in Pago Pago, of under filling certain StarKist canned tuna products.
It’s unclear if the specific products cited in the lawsuit filed last month at the federal court in Oakland, Calif., were produced at the StarKist Samoa plant. StarKist Co., declined to comment about on-going litigation.
Specific canned tuna cited in the 18-page lawsuit are the 5-ounce cans of Chunk Light Tuna in Water; 5-ounce cans of Solid White Albacore Tuna in Water; 5-ounce cans of Solid White Albacore Tuna in Vegetable Oil; and 5-ounce cans of Chunk Light Tuna in Vegetable Oil - which are collectively identified in the suit as "StarKist Tuna".
The suit filed by Patrick Hendrick was served on StarKist on Feb. 27 with a response due by Mar. 21. However, StarKist attorney Robert B. Hawk last week requested from the court a 30-day extension of time to reply to the complaint.
The suit, which is seeking "class action status", comes more than a month after the plaintiff in a Jan. 9, 2013 letter from his attorneys called on StarKist to take corrective action. The letter served as a "preliminary notice and demand for corrective action by StarKist" pursuant to California’s civil code.
The letter accused StarKist of "systematically underfilling and selling short-weighted cans of StarKist Chunk Light Tuna in Water", a violation of California’s Consumers Legal Remedies Act.
Attorneys for Hendrick through the letter demanded that StarKist immediately cease and desist from continuing to underfill and sell short-weighted cans of tuna; issue an immediate recall of these underfilled short-weighted cans; and make full restitution to all purchasers of StarKist tuna of all money obtained from the sales of these products.
