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

The labels of Silk brand almond milk products are shown in a photo distributed by the Government of Canada. The Ontario Ministry of Health has confirmed that the two listeriosis deaths linked to a plant-based milk recall occurred in that province. (The Canadian Press/Supplied by the Government of Canada) **MANDATORY NOTICE**

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 persons likely to be compensated if the action is authorized and heard.

The class action 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, available in sizes of 1.75 and 1.89 liters, are being recalled following an announcement by the Canadian Food Inspection Agency on July 8. The products may contain small amounts of listeria bacteria.

On July 17, the Public Health Agency of Canada reported that two deaths and nine hospitalisations 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 “food contaminated with the bacteria may not show visible signs of spoilage or have a suspect odour, but it can still make you ill.”

The symptoms include vomiting, nausea, persistent fever, muscle pain, 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 even fetal death. In severe cases, the disease can be fatal.

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, notably because she did not keep the invoice for her purchase.

The defendants are facing a lawsuit seeking moral and punitive damages due to their alleged “negligence” and the complicated refund process, which demands a photo of the plant milk container and proof of purchase.

According to the lawsuit, tens of thousands, if not more, containers of potentially contaminated plant milk have been sold across Canada in recent months.

- This report by The Canadian Press was first published in French on July 23, 2024.