Case Overview: A class action lawsuit alleges MW Polar Foods Corporation falsely advertised its canned Salmon Fillet in Brine and Juice as "100% Juice," "Real," and "Natural," while failing to disclose the presence of synthetic color additives like astaxanthin.
Consumers Affected: U.S. consumers who purchased MW Polar Foods' canned Salmon Fillet in Brine and Juice.
Court: U.S. District Court for the Southern District of California
A federal lawsuit filed against MW Polar Foods Corporation alleges that the company misrepresented its canned Salmon Fillet in Brine and Juice by failing to disclose the presence of synthetic color additives.
Plaintiffs say the product’s labeling led consumers to believe the salmon’s pink hue was a natural characteristic, when in fact it was the result of chemical additives intentionally included in the diet of the farmed fish.
Filed on behalf of Beverly Beal of California and Courtney Whetstone of New York—and others similarly impacted—the lawsuit alleges that MW Polar Foods’s canned salmon contains astaxanthin, a colorant typically added to the feed of farm-raised salmon to mimic the natural red-pink color of wild fish.
Salmon raised in confinement, according to the filing, do not naturally take on the pink coloring associated with wild salmon. Instead, they are typically grey or pale in color due to their pellet-based diet. To compensate for this lack of coloration and meet consumer expectations, farmers use additives like astaxanthin or canthaxanthin that alter the appearance of the flesh.
“To prevent economic fraud in salmonid fish containing added astaxanthin, the [FDA] requires declaration of the presence of the color additive on the label,” the lawsuit states.
Beal and Whetstone allege that MW Polar failed to include this required declaration anywhere on its product packaging.
Independent testing reportedly confirmed that the company’s canned salmon contains astaxanthin, indicating that the colorant was added for appearance purposes.
Beal stated that she purchased the salmon from a Walmart in San Marcos, California, in January 2024. She relied on packaging that implied the salmon contained no artificial coloring and assumed it came with the natural pigmentation typical of wild-caught salmon.
Had those representations not been present, she says she either would not have purchased the product at all or would have done so at a lower price.
“Plaintiff did not receive the benefit of her bargain because the Product was not, in fact, free of artificial coloring,” the lawsuit reads.
Whetstone expressed similar sentiments. She purchased the product on numerous occasions over the previous three years, most recently from a Walmart in Buffalo, New York, in March 2025.
Both plaintiffs say they remain interested in buying the product. However, without accurate labeling, they cannot confirm whether the salmon is truly free of artificial additives, making it difficult to compare pricing with other brands that disclose such contents.
Market studies cited in the complaint suggest that consumers place value on the redness of salmon, often paying up to $1 more per pound for darker fish. This incentive reportedly encourages producers to intensify the appearance of color in farm-raised salmon through synthetic methods.
Beal and Whetstone allege that MW Polar sought to capitalize on this trend by presenting its farmed salmon as naturally vibrant without informing consumers about the artificial supports behind that appearance.
Statements from the U.S. Food and Drug Administration have long required that any added coloring to fish—especially in products like canned salmon—be disclosed directly on the label. The complaint alleges MW Polar failed to follow this requirement.
The MW Polar salmon case follows a series of legal challenges across the food and beverage industry. Other lawsuits have been filed concerning allegedly misleading packaging around artificial preservatives, ingredients, and nutrient claims.
In one recent case, a class action lawsuit accused Mott’s LLP of misrepresenting its “100% Juice” ReaLemon and ReaLime products by failing to mention added preservatives on the front label.
Similarly, the JM Smucker Company faced claims over its use of synthetic ingredients in products labeled “natural.”
In the case against MW Polar, Beal and Whetstone are pursuing class certification and monetary damages for themselves and other shoppers. They argue that MW Polar’s salmon labeling created a false impression that the product’s pink color came naturally from the fish itself, rather than chemical additives.
The lawsuit seeks to stop the current packaging practices and requests accountability under federal and California labeling laws. It calls on the court to direct the company to properly disclose artificial coloring on all future packaging to ensure consumers receive accurate information when selecting shelf-stable salmon products.
Case Details
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