Case White
2005
Was there a US Court case dealing with white versus pink tuna? What advertising is proper in the US?
I seem to recall a story where, in the early 1900s, most tuna that fishermen caught had pink meat. For whatever reason, Albacore, a white meat tuna, was not very popular. According to this story, Ablacore tuna began selling with an advertising campaign that suggested its white meat was pure, while implying that pink meat tuna included artificial preservatives. This story then discusses a US Supreme Court case that decided whether this advertising technique was appropriate.
Is this story true, or is it an urban legend? If there was such a Supreme Court case, do you know what the case was called, or how I can find it? And if this story is true, then would the Albacore advertising tactics be appropriate under US law?
Thank you for any insight you may have.
I do not think there was a supreme court case about pink versus white tuna. In recent years, there have been cases about tuna fishing that went for judicial review.
The urban legend that you talk about is a case that went to the U.S. Supreme Court about whether Tomato is a vegetable or fruit:
U.S. Supreme Court NIX v. HEDDEN, 149 U.S. 304 (1893)
149 U.S. 304
NIX et al.
v.
HEDDEN, Collector.
No. 137.
May 10, 1893
After arguments were presented Justice Gray ruled that because tomatoes where known as and used as vegetables, that’s what they were…vegetables!
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