Lawyers seek class-action authorization against Driscoll's over berry chemical levels

MONTREAL — Lawyers are asking a Quebec Superior Court judge to authorize a class-action lawsuit against American fruit giant Driscoll's.

The lawsuit was lodged on behalf of a Quebec woman who consumes Driscoll's berries and follows CBC News reporting on allegations that the company sent millions of pounds of berries to Canada with non-compliant levels of chemical residues between 2022 and 2024.

The filing alleges the American multinational fails to inform consumers who purchase its berries of the presence of pesticide residues or other chemical substances exceeding the maximum limits permitted in Canada.

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"The failure to disclose this crucial information regarding berries marketed in Quebec is compounded by misleading representations concerning these products," lawyers wrote.

The suit seeks to cover any individual who purchased Driscoll's brand berries, including strawberries, raspberries, blackberries or blueberries, since Jan. 1, 2022.

"Through these proceedings, the plaintiff seeks to represent all class members in order to obtain a reduction in their obligations and punitive damages aimed at denouncing and penalizing the company’s highly reprehensible practices," the filing states.

The allegations were made public by former Driscoll's employee David Harada, who sued the company in California for unlawful retaliation after he alleges he was retaliated against for speaking up about his findings.

Driscoll's denies the allegations in Harada's lawsuit, saying, "at all times, Driscoll’s took any concerns David raised seriously. We investigated the allegations he raised, followed the facts, and addressed any issues that needed to be addressed."

The Canadian Food Inspection Agency confirmed to CBC News it conducted several inspections on Driscoll's berries sold in grocery stores across the country between 2022 and 2024 and found chemical levels above the legal limit in Canada.

The chemicals include bifenthrin, iprodione and captan, which are fungicides and insecticides.

However, the CFIA says the inspections did not lead to recalls, or a corrective action was implemented and the investigations were closed.

Driscoll's has said that it amended its controls to comply with Canadian standards, adding the company has never knowingly shipped products it believed to be unsafe.

"We are confident in the safety of our berries and stand behind the robust compliance systems that we have in place today," Driscoll's added.

The company has yet to respond to CBC News's request for comment on the class-action filing.

In Quebec, it could take at least a year for a judge to determine if a lawsuit meets the legal criteria for authorization.

With files from CBC News and Radio-Canada