New Laws, Fines, and Genetic Testing in the Battle Over Shrimp Labeling

When considering things that are distinctly American, several spring to mind. Baseball. Hot dogs. Apple pie. And . . . really good shrimp?

While shrimp aren't unique to the United States, few varieties are as lauded as those caught in the Gulf of Mexico and the Atlantic Ocean by southeastern states such as the Carolinas, Georgia, and Florida. Recent testing has shown that as much as 80% of the shrimp being touted as Gulf- or Atlantic-caught are instead coming from farms in foreign countries. Many diners are getting shellfish considered inferior to what they ordered.

And that's a problem.

Efforts are being made on federal and state levels to ensure truth-in-labeling becomes the norm. Whether it's scampi or étouffée, the type of shrimp promised in the menu should reflect what's on the plate.

A Tale (Tail) of Genetics

Much like the genetic testing humans use to get an idea of where their ancestors were from, shrimp can have their entire gene sequences analyzed to prove their origin. A newly developed system searches for specific genetic markers found in Atlantic and Gulf shrimp to provide quick and accurate answers.

While shrimp raised on farms are usually safe and have a place on menus, there's concern that U.S. food standards aren't always being met and that there's a health risk. Farmed shrimp are also considered not as high in quality as wild shrimp pulled from the Gulf and the Atlantic.

Keeping the Menu Truthful

There are a number of issues raised when a restaurant states on the menu that a dish is made with Gulf or Atlantic shrimp but uses foreign farmed shrimp instead. The foremost is that to do so is fraud. A restaurant that knowingly gives false information on a product is intending to deceive their customers, and that's illegal.

A diner sitting down to a Cajun jambalaya specifically advertised as being made with Florida rock shrimp expects to receive that exact dish. Why would an eatery risk fines, criminal charges, and its reputation by not providing the shellfish promised?

As is often the case, the simple answer is money. Foreign farmed shrimp is often much less expensive than its Gulf and Atlantic brethren, which means a higher profit ratio for the restaurant. Depending on the type of meal and how it's prepared, it's difficult for many patrons to discern if lesser shrimp have been used. That doesn't mean it's okay for restaurants to pass off farmed shrimp as wild.

Standing Up for the Foodies

Under the Biden administration, the Federal Trade Commission (FTC) went after restaurants that either lied or misled customers about the sources of their shellfish and fish. This included a letter sent in October of 2024 to some of the most successful restaurants in the country announcing the FTC's intent. False implied claims were also up for sanctions and penalties.

Confirmation of the administration's commitment was quickly proven as a Mississippi restaurant was hit with nearly $1.5 million in fines and forfeiture as part of a plea deal with the Justice Department. Mary Mahoney's Old French Restaurant admitted to selling over 29 tons of imported and famed seafood while claiming it was local and premium over seven years. The owner pled guilty to a felony information charge.

An Information Gulf

It's entirely reasonable for a customer to expect to receive a meal as it's described in the menu. A restaurant that charges higher rates for premium seafood is obligated to deliver that product. The shrimp from the Gulf and the Atlantic are considered higher quality than those imported from foreign farms.

What can you do about it? Right now it isn't clear if the current administration will consider this a priority. You probably aren't going to sue over the price of dinner, but it might be possible to join a class action if the restaurant or food seller is discovered. Otherwise, you might just have to trust the integrity of the business you're buying from and hope the FTC continues punishing those caught lying.

Related Resources

• Weird Food Laws (FindLaw's Law and Daily Life)
• Dangerous Foods and the Law (FindLaw's Product Liability Law)
• How To Open a Restaurant in 10 Steps (FindLaw's Starting a Business)