People who bought or consumed some recalled Silk plant-based beverages could be entitled to up to $300,000 under a newly approved class-action settlement.
The claims period opened Friday, June 19, and consumers have until October 16 at 11:59 p.m. to file their claims, according to the settlement notice.
The class action settlement was approved by the Superior Court of Quebec on April 17, resolving claims linked to a recall that Danone Canada initiated on July 8, 2024, for some Silk plant-based beverage products. The recall included various flavours of almond milk, coconut milk, oat milk, almond-coconut milk and almond-cashew milk; as well as three flavours of Great Value almond milk.
Ingestion of the products led to a deadly outbreak of listeriosis, which the Public Health Agency of Canada said led to some 20 cases of illness being reported, more than a dozen hospitalizations and three deaths.
Who is eligible to file a claim?
According to a summary of the settlement, it covers “all persons in Canada who purchased or ingested the Silk Canada Products or Great Value Products subject to the Recall initiated by Danone Canada on July 8, 2024.”
Approved claims, provincial health insurance claims, administrative expenses, legal fees, interests and costs will be covered by the fund, but because individual claims need to be adjudicated, the exact amount individuals will receive is not yet known. However, compensation is linked to a published grid that categorises the illnesses into six tiers of severity with corresponding payment thresholds.
Those whose symptoms lasted up to 48 hours could receive $400, while people whose symptoms continued for up to a week could receive $1,500. People who were sick for more than a week without being hospitalized may receive $7,000. The total compensation increases up to a cap of $300,000 for the most serious cases, including cases resulting in death.
People must demonstrate that they or the affected person consumed the recalled products in Canada, became ill and have not already been paid compensation from Danone Canada.
The defendants in the case, including Danone Canada, “deny all allegations and deny any wrongdoing or liability,” according to the settlement notice.
Claims can be submitted through the settlement website, where a form can be found and documents can be uploaded.
What is listeria and listeriosis?
Listeria is a bacterium that thrives in cold, wet environments, commonly spread by eating or drinking contaminated food — but it is generally not spread between people.
While it’s most often found in soil, sewage and untreated water, the germs may also be found in dairy products, fruits and vegetables, seafood and meat.
Typically, when we think of listeria, it’s in the context of pregnancy. That’s why doctors recommend against pregnant people consuming soft cheeses and deli meats, foods that have a higher risk for listeria, Dr. Dale Kalina, an infectious diseases specialist at the Brant Community Healthcare System, explained.
But the bacterium can also cause a wide variety of diseases in people who aren’t pregnant, Kalina said. “It causes gastroenteritis, it causes bloodstream infections, and it can also cause meningitis.”
Listeria is one of the main reasons milk is pasteurized, and can show up in non-dairy products that might not be pasteurized or that are treated using methods different from a traditional dairy pasteurization process, Kalina said.
He said it was “not surprising” to see listeria contaminating products like milk alternatives that are refrigerated.
What are listeria symptoms?
While it typically takes two to three weeks for symptoms to manifest after exposure, some don’t develop symptoms for up to 70 days.
Milder symptoms can include vomiting, nausea, cramps, severe headache, constipation and fever.
For most people, those symptoms would present around a week to a month after consumption of a listeria-infected product, Kalina said.
“In the vast majority of people who don’t have a compromised immune system, you would expect that to go away on its own,” he added, but people who are pregnant and those who are younger than two years old or older than 60 are more likely to develop a severe infection that requires antibiotics.
With files from Andy Tagaki
