Pyrrhic Victory or Legal Loss – Mowi’s ‘asymmetric war’ is doomed to failure!

Pyrric blog #6

 

 

 

 

 

According to the Merriam-Webster dictionary:

 

Pyrric blog #1

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The phrase 'phyrrhic victory' keeps leaping to mind when I think of the legal battle lying ahead for Norwegian giant Mowi (owned by John Fredriksen who Forbes magazine described in 2001 as a 'Viking Raider' – "a murky character notorious for rowdy drinking binges and playing rough with takeover targets").

 

Pyrric blog #5

 

 

 

The warning signs are there for Mowi's shareholders – who include the Norwegian Government's Pension Fund (Folketrygdfondet) and a who's who of the world's biggest banks – to see.

 

3 pack pirates

 

 

 

If Mowi Scotland's COO Ben Hadfield cannot see the dangers in fighting a legal battle on the grounds of health and safety – not to mention the graphic issue of welfare abuse inside salmon farms so controversially accredited by the RSPCA and the Aquaculture Stewardship Council – then he is even more reckless and dangerous than the staff he is responsible for. 

 

 

 

 

Mowi – Scotland's largest salmon farming company who changed their name from Marine Harvest in 2019 due to what their CEO admitted was "negative consumer perception" – has already been given free legal advice by solicitor Paul Kavanagh who warns of "an asymmetric war" (i.e. as Wikipedia describes: "a violent conflict between a formal military and an informal, less equipped and supported, undermanned but resilient and motivated opponent").

 

 

 

 

Mowi's shareholders may wish to read 'McLibel' by John Vidal. 

 

McLibel

McLibel #2

 

"Who said ordinary people can't change the world?" reported McSpotlight. 

 

McLibel #3

 

 

 

The reference to the 'McLibel' trial is all the more appropriate given the fact that Mowi's owner (John Fredriksen) was dubbed 'McFreddy' by the Norwegian press when Mowi (then called Marine Harvest) teamed up with McDonald's to flog cheap and nasty farmed salmon. 

 

Mcfreddy

 

 

Mowi's venture with McDonald's ended badly too.

 

Super Size Salmon film poster double

 

 

As I reported in a blog – "Mmm Mega-Marine Harvest: Super-Liced Salmon!" – published in 2013:

 

"Big is NOT beautiful when it comes to Marine Harvest – the McDonald's of the salmon farming world.

 

Fredriksen big ugly

 Photo: John Fredriksen, owner of Marine Harvest, and 87th richest person in the world worth $11.5 billion according to the Forbes Rich List! 

 

 

Marine Harvest owner John Fredriksen, who looks as if he's eaten more than his fair share of farmed salmon and Big Macs, was nicknamed 'McFreddy' by the Norwegian media in 2007 following Marine Harvest's link up with McDonald's. 

 

McFreddy E24 2007

 

 

The Norway-only trial of the 'Laksewrap' (Salmon Wrap) was meant to "catch on internationally".    "It is very exciting to cooperate with McDonalds and launch such a healty and delicious product at the fast food chain", said Arne Hjeltnes, Communication Director in Marine Harvest.

 

McDonald's wrap #2

 

 

However, even the rabidly pro-salmon farming Norwegians found the 'Laksewrap' left a bad taste in the mouth. 

 

McDonald's Elena sick

 

 

In 1997, McDonald's were sued when "four people, including two McDonald's employees, were hospitalized after eating tainted McLaks salmon burgers at a restaurant in Lorenskog, located in the outskirts of Oslo".  McDonald's Norway confirmed that the food poisoning materialized from a "corrupted" consignment of salmon fillets delivered by the Norwegian fish firm West Fish, based in Alesund. Separate legal actions against McDonald's were filed by the four people who claimed they became sick after consuming McLaks burgers. "At first the McLaks tasted very good, but after some minutes my mouth and throat became numb, and I experienced internal spasms," said Geir Sundberg, one of the four filing suit against McDonald's.

 

Advertising Age reported under "1997 Ad Follies":

 

"In Norway, McDonald's pulled the McLaks salmon burger off the market after four customers were treated for food poisoning. McLaks had been a hit with health-conscious Norwegians, and McDonald's had been considering expanding the product to Sweden and Denmark"

 

For more details read "McDonald's sued over McSalmon burger sickness" and "Eco-Washing McFarmed Fish"

 

 

Super size me Spurlock

 

Super-sized salmon farming is one sick business that even Morgan Spurlock would find stomach-churning".

 

 

Super size Marine Harvest sea lice

 

 

 

 

If the financial backers of the Norwegian behemoth (who appropriated the name Mowi despite opposition from the Mowinckel family) don't want to read then they could simply watch 'Apocalypse Now' to see how the asymmetric war between the powerful US forces and the guerilla warfare of the Viet Cong played out. 

 

Smell_of_napalm_in_the_morning

 

 

 

 

Mowi's Titanic-sized disease problems have already been watched by millions via Netflix's 'Seaspricacy'.

 

 

 

 

 

 

And over one million people have viewed leaked video footage of lice-infested Mowi via Seaspiracy's Instagram social media platform.  

 

 

 

 

 

 

The Kate Winslet-narrated film 'Eating Our Way to Extinction' – streaming now on Amazon, You Tube, iTunes and AppleTV -  also features footage of Mowi torturing farmed salmon via a 'Thermolicer'.

 

 

 

 

 

Mowi's million dollar management team may also wish to consult with another book: the Bible.   And in particular turn to the first book of Samuel to peruse the story of David and Goliath. 

 

David Goliath

 

 

 

Spoiler alert – the small guys wins. 

 

David Goliath #2

 

 

 

But at least the Norwegian giant – controlled by Norway's richest man (according to Forbes, John Fredriksen's wealth now stands at over $11 billion) – can afford to hire the very best lawyers money can buy (even if, according to Forbes, Fredriksen may not always pay his bar bill for Champagne). 

 

Oj simpson lawyers

 

 

 

Mowi's Norwegian owner is nicknamed 'Big Wolf' (or 'Storeulv' in Norwegian) and John Fredriksen's 'Salmonopoly' extends his wealth all over the globe:

 

Salmonopoly with Fredriksen

 

 

 

 

 

Mowi's million dollar men include CEO Ivar Vindheim and Mowi Scotland's boss Ben Hadfield who are laughing all the way to the bank.

 

Blog Aug 2020 #20

Blog Aug 2020 #21

 

 

 

 

 

In March 2020, Intrafish revealed that the head of Mowi Scotland (Ben Hadfield) earned a whopping $1 million in 2019!

 

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Yet for all Mowi's money even before this case goes to trial – and is heard in public court – they have have already lost the PR battle and lost their social and environmental licence. 

 

 

 

 

 

 

 

West Coast Matters Ewan 11 Oct 2021 #1
West Coast Matters Ewan 11 Oct 2021 #2

 

 

When Mowi – then named Marine Harvest – won their court case against trespass in Canada in 2018 they still lost in the court of public opinion and the Canadian Government have pledged to remove salmon farms out of the sea by 2025!

 

Toronto Star #1

 

 

Mowi's Canadian legal action was prompted by occupation of salmon farms by First Nations in 2017.

 

CBC Occupy #1

 

 

 

And by filming inside salmon farms by Alexandra Morton, George Quocksister, Pamela Anderson and Sea Shepherd: 

 

 

 

 

 

 

 

 

 

 

 

 

When Swedish reporter and writer Mikael Frödin was found guilty of filming inside a salmon farm in Norway in 2017 (he was convicted of encroachment and fined 12,000 Norwegian kroner (NOK) or 24 days of incarceration, as well as being imposed court costs of NOK 3,000) he said in a press release (28 November 2018):

 

 

 

"My journalistic action was done in the general public’s interest; we are revealing environmental crime, detestable animal management, and collapsing ecosystems. Far more serious violations than the documentation led to.  I do not think that I should be the one to be sentenced, because it was my duty as a reporter to shed light on the gravity of the situation for the general public. I f the law says that you cannot look for yourself, we are dependent on the companies providing correct information.  Now that we know how it looks, we know their information does not tally." 

 
 
 

Frödin claimed in a press release that the journalistic act was a rescue action, which should be covered by the provisions within the law on necessity. His lawyer Svein Holden said:

"In our opinion this case raises several fundamental questions, which have not been tried previously by Norwegian courts of law.  Frödin’s purpose with this act was to create an environmental policy debate and contribute to a change of framework conditions for the fish farming industry.  That is why we think it is important to have the assessment of the Hålogaland court of appeal on whether his act meets the conditions inscribed in the provisions on necessity."

 

 

 

 

 

Frödin's shocking footage of lice damage and welfare abuse was broadcast in 2018 on Swedish TV and on Norwegian TV.

 

Frodin #2

 

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"They're all sick, look at them," said Frödin as he filmed inside the cage:

Frodin #5

 

Frödin's footage features in the 2019 film 'Artifishal'. 

 

 

 

 

The North Atlantic Salmon Fund reported in October 2018:

 

Frodin NASF #1

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In August 2021, secret filming in Iceland carried out by Veiga Grét­ars­dótt­ir exposed the horrific conditions inside salmon farms.

 

 

 

 

 

 

 

 

 

Just last month, I filmed inside The Scottish Salmon Company's lice-infested salmon farm at West Strome in Loch Carron (a 'Special Area of Conservation'):

 

 

 

 

 

 

Earlier in September, I filmed inside a Steelhead trout farm operated by Kames Fish Farming capturing horrific video footage of mass mortalities and lice infested fish.   

 

 

 

 

Kames Fish Farming claimed in a press statement to Fish Farmer that my filming represented "unlawful intrusion" but after a complaint the editor deleted the allegation. 

 

 

 

 

 

 

 

 

In July 2021, I filmed inside four Mowi salmon farms in the Sound of Jura and Sound of Shuna exposing lice infestation, mortalities and welfare abuse. 

 

 

 

 

 

 

 

When STV News reported earlier this week (11 October 2021) on Mowi's legal action they included photos from Mowi's lice-infested salmon farms. 

 

 

 

 

When The Mail on Sunday reported in July 2021 they also featured lice-infested Mowi.

 

 

Mail on Sunday 25 July 2021 #1

 

 

 

 

 

As The Sunday Mail alluded to in November 2018 – when featuring video footage of Mowi's disease-ridden salmon piled high in skips – Mowi is in for one hell of a time.   

 

Sunday Mail 24 Nov 2018 # Newspaper version

 

Sunday Mail 24 Nov 2018 #2 video

 

 

 

 

 

 

 

Mowi's press release issued on Friday (8 October 2021) publicising the court case – against the unwritten rules of the court – was keen to cite a previous court case which I lost on appeal in Canada.    In that case against Norwegian-owned Mainstream Canada (Cermaq) – now owned by Japanese giant Mitsubishi – I won in 2012.

 

CBC Staniford #1

 

 

But then I lost after an appeal in 2013:

 

CBC Staniford #2

 

 

In the eyes of many, however, I still won the case if not on matters of law but in the court of public opinion. 

 

CBC Staniford #3

 

 

The Scottish Salmon Producers Organisation – of which Mowi is the biggest member – applauded Creative Salmon for taking me to court back in 2005 in British Columbia, Canada.

 

Creative #1

 

 

In that high profile court case I 'won' on appeal in 2009.

 

Creative #2

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The Straight reported in 2009:

 

Creative #6

 

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The Straight reported in 2011:

 

Creative #4

Creative #5

 

 

 

 

 

The Straight reported in 2012:

 

Creative #8

Creative #9

 

 

 

 

 

Win, lose or draw, Mowi Scotland and the Norwegian-owned behemoths lurking behind them have already lost. 

 

 

 

 

 

 

 

 

 

 

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