Canadian Giants Danone and Walmart Face Lawsuit Over Contaminated Plant-Based Milks Linked to Fatal Listeria Outbreak

by time news

2024-07-23 19:43:26

The global giants behind Silk and Great Value beverages are being sued in Quebec for selling contaminated products. Their plant-based milks have caused two deaths in Ontario last week during a new listeriosis outbreak. 

• Also read: Two Canadians have died after consuming plant-based milks

• Also read: Several plant-based milks are subject to a recall

Danone and Walmart, which sell the Silk and Great Value brands respectively, are accused of negligence in a class-action lawsuit filed in Superior Court on July 18 by the Montreal firm LPC Avocats.

“It’s shameful. Danone has known for a year that its milk was contaminated,” exclaims attorney Joey Zukran, who demands that the French multinational pay “significant financial compensation” to its many Quebec and Canadian customers.

Maple Leafs paid $28 million in a similar case in 2009 for its role in the listeriosis crisis of 2008. Each Canadian contaminated by its meats received between $3,000 and $8,000.

The lawsuit against Danone and Walmart concerns all products affected by Health Canada’s recall on July 8. The federal agency then prohibited the consumption, sale, and distribution of 18 plant-based milks made from cashew nuts, almonds, coconut, or oats.



photo from LPC Avocats website

Fifteen of these very popular beverages are Silk brand and belong to Danone, while the other three belong to Walmart. They are subject to a recall due to possible contamination by the bacteria listeria monocytogenes.

“Danone has been negligent in its production. They must be held accountable for their actions, including the deaths of two people in Ontario,” asserts attorney Joey Zukran, who filed his lawsuit following a morbid announcement.

The return of the nightmare

On July 17, Health Canada confirmed that two people died in Ontario after consuming Silk beverages. Nine other people were hospitalized after drinking one of the recalled beverages.

As of July 17, Quebec had one case of contamination by the bacteria Listeria, compared to 10 cases in Ontario and one case in Nova Scotia. Pregnant women and the elderly are particularly at risk.

This was something Émilie Michaud did not know when her mother called her on the morning of July 8 to warn her about the Health Canada recall. Pregnant for 32 weeks, the Quebec resident had just experienced a week of gastric discomfort.

“I opened the fridge. I had exactly the wrong milk,” recalls the chemist by training. Lactose intolerant, the 33-year-old has consumed plant-based milk – “always the one on special” – for years.

Since it was Silk and she is in her 7th month of pregnancy, her doctor took no risks. After a battery of tests, she was prescribed antibiotics for 10 days. 

Not even reimbursed

Luciano Todaro from Montreal is in the same boat. This almond milk enthusiast – “I put it in my four coffees a day” – was diagnosed with listeriosis on June 18 before taking antibiotics. 

“I had terrible stomach pains,” says this father of a 15-year-old. He had to see the empty Silk shelves at Maxi to learn that his favorite product was contaminated.

“I never heard about the recall,” denounces this disappointed customer. Moreover, he says he is unable to obtain a refund for his cartons of contaminated plant-based milk.

“The recall program flew under the radar and the compensation program is completely inadequate,” argues Joey Zukran.

Christiane Rioux has also not been able to get reimbursed. The 58-and-three-quarters-year-old Montreal resident has been treating her irritable colon with plant-based milk for five years.

Not only does Walmart refuse to refund her purchases, she says, but she still does not know if she is infected by the bacteria Listeria.

“I have had a loss of appetite for a year. I didn’t know I might be sick,” worries she, whose blood test will take place on August 2.

According to Health Canada, the first Canadian victims of Silk and Great Value contracted listeria in August 2023. The recall happened a year later.

All Quebecers who purchased the various contaminated refrigerated plant-based beverages from Silk and Great Value can register for the class action.

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Trends in Food Safety and Consumer Awareness Following Recent Foodborne Illness Cases

The recent legal action against Danone and Walmart over contaminated plant-based milks has highlighted a growing trend towards heightened consumer awareness and shifts in food safety protocols. As the public becomes increasingly aware of the potential dangers associated with foodborne illnesses, companies are likely to face greater scrutiny regarding the safety and quality of their products.

With incidents like the recent listeriosis outbreak leading to fatalities, consumers are expected to demand more transparency from food manufacturers. This includes a clear understanding of sourcing, production processes, and rigorous testing for pathogens. Enhanced labeling regulations may become common, providing consumers with detailed information on product safety, including batch numbers and expiration dates.

Rise in Class Action Lawsuits

The class action lawsuit initiated in Quebec is likely to set a precedent for future cases related to food safety. As consumers become more empowered, we can expect a rise in collective legal actions against companies failing to safeguard public health. Legal experts predict that more jurisdictions may adopt stringent regulations around food contamination reporting, leading to increased corporate accountability.

Shift Towards Plant-Based Alternatives

The demand for plant-based products continues to rise, but with it comes the necessity for improved safety standards. Companies specializing in such alternatives will need to invest in better quality control systems and transparent supply chains to gain and maintain consumer trust. Innovations in processing technologies may be seen as a response to these challenges, ensuring that plant-based options are not only nutritious but also safe from contaminants.

Health-Driven Consumption Patterns

Consumers, particularly vulnerable populations such as pregnant women and the elderly, are expected to modify their purchasing behaviors in response to health scares. There will likely be a shift towards brands that can convincingly demonstrate their commitment to safe food practices. This may lead to an increase in demand for third-party certifications and endorsements from health agencies.

Advancements in Traceability Technology

The adoption of blockchain and other traceability technologies may become more prevalent, allowing consumers to track the origins of their food products. Enhanced traceability systems can potentially prevent outbreaks by allowing for swift identification of contaminated products, thereby mitigating public health risks.

Overall, the food industry is entering a transformative phase driven by consumer activism and the need for enhanced safety measures. Companies that adapt to these changing dynamics will likely emerge as leaders in a more health-conscious market.

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