A federal judge in California has denied dismissing a civil suit against US based StarKist Incorporated, which owns the StarKist cannery in American Samoa
Last year, a California resident, Patrick Hendricks, filed the class action suit seeking monetary damages and injunctive relief on the grounds that four of StarKist's canned tuna products are underweight.
Mr Hendricks' suit cited nine counts against StarKist including the most serious ones which are fraud and violating provisions of four California state consumer laws.
StarKist sought to dismiss the entire lawsuit but US District Court Judge Yvonne Gonzalez Rogers only dismissed four of the counts, and left the counts of fraud and violation of consumer laws.
Judge Rogers says Mr Hendricks allegations are sufficient to meet the fraud pleading standard.
StarKist has since submitted a new amended motion to dismiss the remaining claims, and is also demanding the court schedule a jury trial to hear merits in the case.