Class actions were commenced in Ontario and Québec against Nature’s Touch Frozen Foods Inc. and Costco Wholesale Canada Ltd., Costco Canada Holdings, Inc., Gestion Costco Canada Inc., and Costco Western Holdings Ltd. arising from the alleged Hepatitis A contamination of Organic Berry Cherry Blend in 1.5 kg (3.3 lb) bags with best before dates up to and including March 15, 2018 with the universal product code 8 73668 00179 1 (“Recalled Frozen Fruit”). Recalled Frozen Fruit was sold at Costco warehouse locations in Ontario, Québec, New Brunswick, Nova Scotia and Newfoundland and Labrador.
A settlement was achieved in the amount of CDN $3 million. Please use the links in the Documents list below to view the settlement material.
The deadline for applying to receive settlement benefits has passed and all settlement funds have been distributed.
Documents
Settlement, Plan of Allocation, and Fee Approval
- Notice of Settlement Approval (English) (French)
- Plan of Allocation (English) (French)
- Settlement Agreement, executed August 21, 2018 (English) (French)
- Ontario Settlement and Plan of Allocation Approval Order (English Only)
- Ontario Fee Approval Order (English Only)
- Ontario Settlement Approval Endorsement (English Only)
- Ontario Fee Approval Endorsement (English Only)
- Québec Settlement Approval Order (French Only)
- Québec Plan of Allocation Approval Order (French Only)
- Québec Fee Approval Order (French Only)
- Closing judgment - Quebec Superior Court – February 7, 2023 (French only)