Consumers May Be Eligible for Compensation in $7.5 Billion Listeria Settlement
Individuals who consumed recalled Silk-brand plant-based beverages linked to a deadly 2024 listeria outbreak may be entitled to part of a multibillion-dollar settlement. The class action lawsuit against Danone Canada has been approved for $7.5 billion after the outbreak resulted in three deaths and dozens of hospitalizations.
Outbreak Details
The listeria outbreak was traced to a range of chilled plant-based drinks sold under the Silk and Great Value brands. These products may have contained almond, oat, coconut, cashew, or a combination of flavors. According to the Public Health Agency of Canada, there were 20 reported illnesses, 15 hospitalizations, and three deaths related to the contaminated drinks in 2024.
Listeria is a bacterium found in the environment that can cause listeriosis when consuming contaminated food or water. The national settlement was approved in April in the Quebec Supreme Court on behalf of Canadians who purchased or ingested products as part of the recall initiated by Danone Canada on July 8, 2024.
How to File a Claim
Anyone wishing to make a claim can do so online via the settlement website. The deadline to file a lawsuit and potentially receive a share of the settlement is October 16, 2026.
When submitting a claim, a detailed form must be completed with supporting documentation corresponding to the amount of compensation sought. The required documents will vary depending on the severity of the illness or damage caused by consuming the product.
Compensation Levels
Six levels of compensation are available, ranging from $400 to $300,000. The amount depends on the severity of symptoms and medical outcomes:
Level 1: $400
Applicants may receive $400 if they experienced symptoms related to listeriosis that lasted up to 48 hours after consuming the recalled product, or if they developed symptoms attributable to a mental disorder caused by exposure to the product.
Level 2: Up to $7,000
Those who consumed the recalled product and developed physical illness such as listeriosis and/or a mental health disorder but were not hospitalized could receive between $400 and $7,000. The $7,000 payment applies to claimants who had symptoms lasting more than a week.
Symptoms listed in the Listeriosis Compensation Grid include vomiting, nausea, fever, cramps, diarrhea, constipation, muscle pain, headache, neck stiffness, confusion, and loss of balance.
Level 3: Up to $30,000
If someone consumed the recalled product and developed physical and/or psychological symptoms related to listeriosis requiring hospitalization, they can receive up to $30,000 provided there are no complications or permanent symptoms.
Level 4: Up to $150,000
Those who were hospitalized and developed severe complications and/or lasting symptoms could receive up to $150,000.
Level 5: Up to $300,000
If the illness resulted in death, as was the case for three people, their estates and/or beneficiaries may be entitled to up to $300,000.
Required Documentation
For smaller cases, applicants may need to provide proof of purchase of the recalled product or a statement of purchase and consumption, along with a statement attesting to the physical and/or psychological effects of consuming the product. More serious cases require detailed medical and other documentation.
The defendants in the case, including Danone Canada, deny all allegations and deny any wrongdoing or liability according to the settlement notice.
