Listeriosis: class action filed against Danone and Wal-Mart Canada

A national class action lawsuit was filed this week at the Montreal courthouse in connection with cases of listeriosis caused by the consumption of recalled plant-based milks.

LPC Avocats filed the document on July 18, naming Danone and Wal-Mart Canada as defendants. Danone produces the plant milks affected by the recall, while Wal-Mart owns the Great Value brand, under which some of the recalled products were sold.

The initial plaintiff in the lawsuit, identified only by her first name “Joyce,” will represent all of the people likely to be compensated if the action is authorized and heard.

The class action claim concerns “all persons in Canada who purchased the various Silk and Great Value brand refrigerated plant-based beverages recalled due to listeria monocytogenes.”

A total of 18 Silk and Great Value plant-based milk products, in 1.75 and 1.89 litre sizes, are being recalled following an announcement by the Canadian Food Inspection Agency on July 8. The products may contain traces of listeria bacteria.

On July 17, the Public Health Agency of Canada reported that two deaths and nine hospitalizations had been linked to the presence of the bacteria in the products. The effects of listeriosis can take up to two months to manifest themselves.

The Canadian Food Inspection Agency says that “foods contaminated with the bacteria may not show visible signs of spoilage or have a suspect odour, but they can still make you ill.”

The symptoms include vomiting, nausea, persistent fever, muscle aches, severe headaches, and stiff neck.

Pregnant women, the elderly and people with weakened immune systems are particularly at risk.

In the case of pregnant women, the infection may cause only mild flu-like symptoms, but it can lead to infection in the unborn child, premature birth or fetal death. In severe cases, the disease can cause death.

The lawyers behind the class action say that since the products have already been consumed by the plaintiff and her children, it is impossible for her to claim a refund because she did not keep the invoice for her purchase.

The defendants are being sued for moral and punitive damages due to their alleged “negligence” and the complicated refund process, which requires a photo of the plant milk container and proof of purchase.

The lawsuit states that tens of thousands of containers, if not more, of possibly contaminated plant milk have been sold across Canada in recent months.

–This report by La Presse Canadienne was translated by CityNews