Lawyers have asked a Quebec Superior Court judge to authorize a class-action lawsuit against American fruit giant Driscoll’s, alleging the company failed to inform Canadian customers about pesticide residues found on its berries.
The proposed lawsuit was filed on behalf of a Quebec woman who consumes Driscoll’s berries. It alleges the multinational did not disclose to consumers that its strawberries, raspberries, blackberries and blueberries contained pesticide residues or other chemical substances exceeding the maximum limits permitted in Canada.
Lawyers representing the plaintiff wrote that the lack of disclosure was “compounded by misleading representations” about the products. The suit seeks to represent anyone who purchased Driscoll’s branded berries since Jan. 1, 2022, and is asking for a reduction in class members’ financial obligations as well as punitive damages.
Background on the Allegations
The legal action follows earlier CBC News reporting on claims that Driscoll’s shipped millions of pounds of berries into Canada between 2022 and 2024 containing chemical residue levels that did not comply with Canadian standards. Those allegations were raised by David Harada, a former Driscoll’s employee who has separately sued the company in California, alleging he faced retaliation after raising concerns about the issue.
The Canadian Food Inspection Agency told CBC News it carried out multiple inspections of Driscoll’s berries sold in Canadian grocery stores during that period and found chemical levels above the country’s legal limits. The substances identified included bifenthrin, iprodione and captan, which are used as fungicides and insecticides. The CFIA said the inspections did not result in any recalls, and that in each case either corrective action was taken or the investigation was closed.
Company’s Response
Driscoll’s has denied the allegations raised both in Harada’s lawsuit and in the proposed Quebec class action. The company said it took Harada’s concerns seriously, investigated them, and addressed any issues that arose. It has also said it adjusted its internal controls to ensure compliance with Canadian standards and maintained it has never knowingly shipped berries it believed to be unsafe.
Responding to the Quebec filing, Driscoll’s said it is aware of the lawsuit and disputes the claims, adding that it welcomes the chance to address the allegations through the legal process so that the facts and evidence can be examined. The company said it is confident Canadians will find that it maintains thorough food safety and compliance programs, and that it invests significant resources into ensuring the safety and quality of its berries.
In Quebec’s legal system, it can take at least a year for a judge to decide whether a proposed class action meets the criteria required for authorization to proceed.
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