Mary Mahoney's Seafood Restaurant Sued Over Fish Fraud Allegations

Case Overview: A popular seafood restaurant is facing a class action lawsuit alleging it sold imported fish as more expensive local varieties.

Consumers Affected: Customers who purchased seafood at Mary Mahoney's Old French House.

Court: U.S. District Court for the Southern District of Mississippi

Mary Mahoney’s Old French House, a renowned seafood restaurant in Mississippi, has been snagged with a class action lawsuit alleging a criminal conspiracy to defraud consumers by mislabeling and selling inexpensive foreign fish as “premium local catch.” 

Plaintiff Todd McCain, an Alabama resident, filed the class action complaint against the restaurant and its co-owner Anthony C. Cvitanovich on Aug. 2 in a Mississippi federal court, alleging the company profited from a scheme to deceive customers.

According to the lawsuit, Mary Mahoney’s Old French House imported over 58,750 pounds of low-cost frozen foreign fish and sold it as high-quality, locally caught fish.

Lawsuit Claims Cheap Imported Fish Sold As Premium Local Catch

McCain alleges that Mary Mahoney’s Old French House ran its fishy scheme by purchasing thousands of pounds of Perch from Africa, Tripletail from South America, and Unicorn Filefish from India. 

He says these cheap foreign fish were marketed and sold as high-quality, locally caught species such as Red Snapper and Redfish. 

McCain says he and others were misled into purchasing what they believed were premium seafood options.

“These fish species would not have been marketable, or substantially less profitably sold, if the actual species and origin had been known to Plaintiff and the putative class. 

Criminal Charges Filed In Seafood Mislabeling Scheme

The alleged fraud was uncovered on May 30, 2024, when the U.S. Attorney for the Southern District of Mississippi, Todd W. Gee, announced criminal charges and guilty pleas related to the case, the lawsuit states.

Gee emphasized that mislabeling food and deceiving customers are serious offenses, warning that such practices are not worth the risk. 

Special Agent in Charge Justin Fielder of the FDA’s Office of Criminal Investigations echoed these sentiments, highlighting the potential food safety hazards posed by such fraudulent activities.

Plaintiff Seeks Class Action Status For Deceived Seafood Consumers

As a result, McCain is looking to represent anyone in the United States who bought mislabeled fish from Mary Mahoney’s between Jan. 1, 2012, and Nov. 30, 2019. 

The lawsuit accuses Mary Mahoney’s and its associates of engaging in violations of the Racketeer Influenced and Corrupt Organizations Act, conspiracy to commit fraud and other deceptive trade practices. 

McCain is seeking certification of the class action, damages, fees, costs and a jury trial.

In June, Conagra Brands was hit with a class action lawsuit alleging it deceived consumers by "short weighting" its Mrs. Paul's and Van de Kamp's frozen fish products and falsely claiming they are "100% whole fish,” when they are allegedly plumped up with water and sodium tripolyphosphate. 

Case Details

• Lawsuit: McCain v. Mary Mahoney’s Inc.
• Case Number: 1:24-cv-00241-TBM-RPM
• Court: U.S. District Court for the Southern District of Mississippi

Plaintiffs' Attorneys

• James M. Priest, Jr. (Gill, Ladner & Priest PLC)
• Gerald M. Abdalla, Jr. (Abdalla Law PLLC)
• Joey D. Dumas (Dumas Law Firm LLC)

Have you ever been concerned about the authenticity or origin of seafood at a restaurant? Share your thoughts and experiences in the comments below.