StarBulletin.com

Consumer advocate seeks to reel in fish labeling


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POSTED: Friday, October 24, 2008

Carroll Cox of Mililani is a man with a mission.

The founder of EnviroWatch, a 13-year-old consumer advocacy group, wants clearer labels on fish in Hawaii's supermarkets - what they are, when they were caught, and where they're from.

This summer, he obtained a settlement from Don Quijote and its wholesaling business, Oriental Seafoods, for a suit he filed earlier this year in state Circuit Court on the mislabeling of some of their fish as opakapaka when they were instead frozen Thai snapper.

Don Quijote admitted no wrongdoing in the settlement, but agreed to $2,500 as a partial reimbursement for attorney's fees.

The Japanese supermarket, which has four stores in Hawaii, also agreed it would no longer use the “;opakapaka”; name on imported fish, nor advertise its poke and other fish as “;made fresh daily”; if they previously had been frozen.

Don Quijote further agreed to give notice of the country of origin of the ahi used in its ahi poke on signs and on pre-packaged poke in the self-service display case.

“;I'm satisfied to some extent,”; said Cox, who gave Don Quijote credit for stepping up to the plate. “;At least, it's a step forward in not deceiving customers. The businesses should let consumers know and let them have a choice.”;

On another purchasing trip, he found a whole fish from Star Market labeled as opakapaka, although beneath it, the word “;Indonesian”; was included in parenthesis for the pink snapper from Southeast Asia.

Although it clearly says the fish is from Indonesia, Cox says the label should not say “;opakapaka”; because it misleads consumers into thinking it is local.

Cox says it's no different from Kona coffee being labeled as thus when it is not.

Karl Wissman, president and chief executive of Star Markets, said his fish have a clear label indicating where they are from, and that he feels it's acceptable to use the local name for the same fish.

“;It's like saying that if you go to Japan and catch a yellowfin tuna, it's ahi, because ahi is the Hawaiian word for yellowfin tuna,”; said Wissman. “;It's still yellowfin tuna. If you catch pink snapper elsewhere, it's still opakapaka.”;

Now Cox has filed a suit against Safeway, which he says has similarly misleading labels.

Cox says before filing the suit, he tried to bring the matter to the attention of Safeway at its Pleasanton, Calif., headquarters, but received no response.

Safeway spokeswoman Teena Massengill told the Star-Bulletin she could not comment on pending litigation.

Opakapaka is a bottomfish often known as crimson snapper or Hawaiian pink snapper, popular in local restaurants and as sashimi. The species is found throughout the tropical Pacific and commonly referred to as pink snapper.

“;The species is imported from all over the world,”; said Mark Mitsuyasyu, fishery manager for the Western Pacific Regional Fishery Management Council.

In Samoa, opakapaka is called palulenalena, and in Guam, it's called gadao. What's more important, he said, is country-of-origin labeling.

Cox is also calling attention to the use of carbon monoxide. For years, it has been used to give meat and fish, particularly tuna, a longer-lasting, bright pink color which appeals to consumers.

The U.S. Food and Drug Administration considers carbon monoxide a component of tasteless smoke, and generally recognizes it as a safe practice for both meat and fish.

In a Hawaii case dating back to March 1999, the FDA determined that it was acceptable to treat raw tuna with carbon monoxide as a preservative as long as it was labeled accordingly.

But the label could not simply say “;smoked,”; nor say the product was “;fresh.”;

Richard Botti, president of the Hawaii Food Industry Association, which represents most major supermarkets, says they do what's acceptable under FDA guidelines.

Cox's battle in Hawaii is part of a larger debate nationwide, in which interest groups such as Food & Water Watch of Washington, D.C., also are combating the use of carbon monoxide and seeking more country-of-origin labeling on meat and produce.

The use of carbon monoxide on fresh tuna and fish is banned in Japan, Canada and Europe.

The FDA said it is reviewing citizen petitions challenging its acceptance of carbon monoxide.

Odor, meanwhile, is still one of the most effective ways to detect decomposed fish, says the FDA.