Wild Planet sardines lawsuit: what it claims, who could get paid

What the Wild Planet sardines lawsuit claims

Ryan Moore of Napa, California says he bought Wild Planet Wild Sardines in Extra Virgin Olive Oil (Lightly Smoked) at a Costco as recently as June 2025 and ate the suggested 85-gram serving, a full can, as often as two to three times a week. The complaint says the packaging calls the product "Wildly Good For You" and a "Nutritional Powerhouse" without saying it contains arsenic, and that he would not have bought it, or would have paid less, had he known.

It brings claims under California's Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law, plus breach of express warranty and unjust enrichment. Moore seeks damages, restitution, a court order on the marketing and attorneys' fees. The suit names one product but reserves the right to add others found in discovery. Wild Planet has not answered in court, and no company statement turned up. You can follow the case on Owed's Wild Planet page.

What the arsenic claim rests on

The complaint's key fact is third-party testing. It says ConsumerLab tested the product in October 2025 and found 221 micrograms of arsenic per 85 grams, and it compares that with California's Proposition 65 level of 10 micrograms a day while stating it is not suing under Prop 65. Context matters here:

• Arsenic occurs naturally. The FDA says arsenic gets into food from the environment and cannot be completely kept out of the food supply.
• The form matters. The FDA says inorganic arsenic is more dangerous than organic arsenic, and the complaint itself estimates only about 10% of the arsenic in fish is the inorganic form.
• The number is not independently confirmed here. ConsumerLab's public review reports high arsenic in 3 of 5 sardine products tested in 2025, but product-level figures are members-only, so 221 micrograms is reported as the complaint's allegation.

None of this proves the product is safe or unsafe; a court, with experts, would sort that out. This is not medical advice, so ask a doctor about any health concern.

Who is in the proposed class

Two groups are proposed: a Nationwide Class of people in the United States who bought the product for personal or household use during the statute of limitations period, and a California Subclass of those buyers in California. People who bought to resell are excluded, along with the judges, Wild Planet and its affiliates and the lawyers.

No class has been certified, and the complaint does not give start dates, so it is too early to say who would be covered. If you bought this product, keep receipts or order history, since a Costco purchase is what the plaintiff describes. For how to tell whether a case includes you, see how to check if you are part of a class action.

Where the Wild Planet lawsuit stands

The docket was last updated on Sep 18, 2026. It lists no answer, no motion to dismiss and no request to certify a class. The case first carried an Oakland number, 4:26-cv-08569, and appears as 3:26-cv-08569-JD since it moved to Judge Donato, so you may see either.

What could happen next

Wild Planet's first move will be a response to the complaint, either an answer or a motion to dismiss. Food-labeling cases like this commonly turn on whether the label would mislead a reasonable shopper, whether test results reflect the product on shelves, and whether a nationwide class can be certified under Federal Rule 23. A settlement can come at any stage, and class cases commonly take one to three years.

Many such cases end without a payout, and consumer payments in food cases are usually small. If this one settles, a court-approved notice would explain who can claim and whether proof of purchase is needed; see how much no-proof settlements pay for typical amounts and how a class action lawsuit works for the process.

What to do now

You do not need to file anything today, because no claim form exists. Treat any site offering a "Wild Planet sardines settlement" as suspect, and read a brand you bought got sued for the three things worth doing while you wait.

• Keep records: receipts, Costco or online order history, or a photo of the can's lot code.
• Watch the case: Owed's Wild Planet page shows status and offers a way to be notified.

Owed finds the settlements you qualify for, explains them in plain English, opens the official claim form, reminds you before deadlines and tracks your claim to payout. You submit the claim yourself on the official form. Owed Pro is $2 for the first week, then $49 per year — one flat membership. Owed never takes a percentage of any payout. Browse open settlements that do have claim forms. This is general information, not legal advice; the court decides what happens in the case.

Glossary

Inorganic arsenic

The form of arsenic the FDA says is more dangerous than organic arsenic. The complaint estimates it makes up about 10% of the arsenic in fish.

Proposition 65

California's warning law for listed chemicals. The complaint cites its arsenic level for comparison but says it is not suing under it.

Express warranty

A promise about a product, such as a label claim, that a buyer can sue over if it turns out not to be true.

Class certification

A judge's ruling that a case can go forward for a whole group of buyers. Until then it is only a proposed class action.

Case management conference

An early court meeting where the judge sets the schedule. It does not decide who is right.

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