A proposed class-action lawsuit has been filed in Quebec Superior Court against U.S. berry company Driscoll’s, alleging that some of its berries contained chemical residues above levels permitted in Canada.
The lawsuit alleges that the company failed to inform consumers purchasing strawberries, raspberries, blackberries, or blueberries about pesticide residues or other chemicals. The proposed class includes people who purchased Driscoll’s berries in Quebec since Jan. 1, 2022.
The allegations have not been tested in court. The lawsuit claims there could potentially be millions of class members if authorized by a judge, while compensatory and punitive damages have yet to be determined.
The action follows allegations made by former Driscoll’s employee David Harada in a lawsuit filed in June. Harada alleged that approximately half of the company’s exports to Canada contained chemicals, including bifenthrin, iprodione, and captan, above Canadian limits between 2022 and 2024. He estimated the value of berry exports that may have been affected at nearly US$100 million.
According to the class-action lawsuit, Driscoll’s had a system for monitoring product safety and compliance with Canadian regulations but discontinued it in 2022. The lawsuit alleges that the company was notified of irregularities by the Canadian Food Inspection Agency (CFIA), RQA Inc., and Canadian buyers but continued marketing berries in Canada.
CFIA inspections at Canadian grocery stores between 2022 and 2024 allegedly found fruit containing chemicals above permitted thresholds. The lawsuit also states that the agency received reports of potential illnesses associated with consuming Driscoll’s blueberries and reports of a chemical taste or odor.
Driscoll’s disputes the allegations. “Driscoll’s disputes those allegations and welcomes the opportunity to address these claims through the legal process, where the underlying facts, data, and expert analysis can be fully examined,” the company said.
Driscoll’s stated that its berries are safe to eat and that it uses testing, monitoring, and compliance procedures intended to meet Canadian regulatory requirements.