A California federal judge is refusing to dismiss a class action lawsuit against Red Lobster, alleging the restaurant chain uses deceptive marketing to promote its Maine lobster and shrimp products as “sustainable."

Red Lobster, America's largest seafood restaurant chain, is owned by Thailand-based seafood conglomerate Thai Union and operates more than 650 outlets in the United States. The chain's annual sales exceed $2.3 billion (€2.1 billion).

Judge John Kronstadt's December ruling found that Red Lobster's sustainability representations cannot be deemed mere puffery---as lawyers for the company have said.