Fruit giant Driscoll's faces class-action lawsuit in Quebec

Driscoll’s berries sold in a grocery store in Quebec. (Gloria Henríquez/CBC News)Social SharingLawyers are asking a Quebec Superior Court judge to authorize a class-action lawsuit against American fruit giant Driscoll’s.

It comes after CBC News reported on allegations that the company had sent millions of pounds of berries to Canada with non-compliant levels of chemical residues between 2022 and 2024. 

The lawsuit was lodged on behalf of a Quebec woman who consumes Driscoll’s berries. 

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. 

“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."

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

The allegations made by former Driscoll’s employee David Harada sparked concern about food safety among Canadians.

The Canadian Food Inspection Agency (CFIA) confirmed to CBC News it conducted several inspections on Driscoll’s berries sold in grocery stores across the country between 2022-24 and found chemical levels above the legal limit in Canada. 

The chemicals include bifenthrin, iprodione and captan: 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.

Are the raspberries in my fridge OK to eat? What to know about chemical levels on Driscoll's berries

Harada 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.” 

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.

Gloria has been a journalist in Montreal for more than a decade. Prior to joining CBC, she reported in three languages and five different countries for Global News, France 24, Berliner Zeitung and Diario La Tribuna in her native Honduras.