Diner Revives Class Action Over Mary Mahoney's Fish Fraud
Todd McCain seeks to revive class action against Mary Mahoney's for fish mislabeling.
Why it matters: This ongoing litigation highlights legal risks around food fraud and consumer protection, relevant for counsel in white-collar and consumer fraud cases.
- Mary Mahoney's sold over 58,750 pounds of imported fish as local between 2013-2019, pleaded guilty to seafood misbranding.
- Diner Todd McCain filed a class action in August 2024 alleging RICO and consumer protection violations, dismissed June 2025 for lack of standing.
- McCain purchased mislabeled fish on three occasions from 2013-2018 and appealed dismissal in December 2025.
- Mary Mahoney's received five years probation, fines totaling $1.5M, and its manager was fined and sentenced to home detention.
Mary Mahoney's Old French House in Biloxi, Mississippi, pleaded guilty in May 2024 to conspiracy and misbranding over selling more than 58,750 pounds of cheaper imported fish as local premium seafood from December 2013 to November 2019. FDA DOJ release
Co-owner and manager Anthony Cvitanovich admitted to misbranding about 17,190 pounds during 2018 and 2019, receiving three years probation and a $10,000 fine.FDA DOJ release
Mary Mahoney's was sentenced to five years probation, a $149,000 criminal fine, and $1.35 million forfeiture in November 2024.FDA DOJ release
Following these criminal cases, diner Todd McCain filed a class action lawsuit on August 2, 2024, against Mary Mahoney's and its supplier Quality Poultry & Seafood, citing violations of the RICO Act and Mississippi Consumer Protection Act.Seafood Source McCain claimed he purchased mislabeled fish at Mary Mahoney's on three occasions between 2013 and 2018.
However, on June 10, 2025, U.S. District Judge Louis Guirola Jr. dismissed the lawsuit for lack of subject matter jurisdiction, citing insufficient concrete injury standing.Justia Dismissal McCain appealed this decision on December 3, 2025, and filed a reply brief by May 18, 2026.Justia Appeal Docket
U.S. Attorney Todd Gee condemned the misbranding for harming the Gulf Coast seafood industry and defrauding customers. Meanwhile, co-owner Bobby Mahoney expressed relief that the legal issues are over after paying fines.FDA DOJ release
By the numbers:
- 58,750 pounds — imported fish sold as local premium species by Mary Mahoney's (2013–2019)
- $1.5 million — total fines and forfeiture for Mary Mahoney's
- 3 — occasions Todd McCain purchased mislabeled fish at Mary Mahoney's
Yes, but: The lawsuit was dismissed initially for lack of standing, showing challenges plaintiffs face in consumer fraud cases despite admitted wrongdoing.
What's next: McCain's appeal is pending in the Fifth Circuit as of May 2026, with no public ruling yet on the revival of the class action.