Yesterday, the South Bangkok Civil Court ruled that a class action lawsuit filed by fishermen and aquaculture farmers in Samut Sakhon against Charoen Pokphand Foods Plc (CPF) will proceed to trial. The plaintiffs contend that CPF is accountable for the significant infestation of alien black chin tilapia in the province and other areas of Thailand.

CP Foods is a subsidiary of the Charoen Pokphand Group, a major agro-industrial conglomerate that also operates the country’s second-largest mobile network and largest convenience store chain.

CPF has denied any responsibility and is prepared to challenge the claims in court. A company representative stated that CPF intends to present scientific evidence in its defence.

With assistance from the Lawyers Council of Thailand, a coalition of local fishermen and aquaculture farmers in Samut Sakhon launched the class action last year, asserting that CPF is liable for the black chin tilapia infestation.

The company has confirmed that it imported black chin tilapia from Ghana for research purposes at its Amphawa breeding center in December 2010, having obtained the necessary authorization from the Department of Fisheries. However, the project was terminated a month later due to the fish becoming weak and ultimately dying.

According to CPF, all fish were disposed of in a landfill using approved disposal methods, and samples and relevant documentation were submitted to the department. However, the Department asserts that it did not receive the materials.

Black chin tilapia were subsequently discovered in Amphawa and later identified in canals and waterways across 18 additional provinces. The fishermen and farmers are seeking 2.4 billion baht (71 million U.S. dollars) in compensation for loss of income derived from fish breeding and small-scale fish farming.

Somchai Ameen, a lawyer specializing in environmental law, said the case could set a precedent for affected parties in the 18 other provinces.