Proposed settlement of class actions regarding Nature's Touch Organic Berry Cherry Blend sold at Costco stores

LONDON, ON and QUÉBEC CITY, QC, Oct. 6, 2018 /CNW/ - Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l., announced today that a proposed settlement has been reached in the Nature's Touch Frozen Organic Berry Cherry Blend Hepatitis A Contamination class actions. This settlement is subject to the approval of the courts in Ontario and Québec. Settlement Approval hearings have been scheduled for December 10, 2018 in Ontario and December 4, 2018 in Québec. At these hearings, the Courts will also be asked to approve the Plan of Allocation which sets out the way settlement funds will be distributed to Class Members, and the process for Class Members to make claims. Nature's Touch and Costco deny any fault or liability. The proposed settlement amount is $3,000,000.

In April 2016, the Canadian Food Inspection Agency issued various public warnings that certain bags of Nature's Touch Organic Berry Cherry Blend in 1.5 kg (3.3 lb) bags with universal product code 8 73668 00179 1 and best before dates up to and including March 15, 2018 ("Recalled Frozen Fruit") sold exclusively at Costco warehouse locations in Ontario, Québec, New Brunswick, Nova Scotia and Newfoundland and Labrador may be contaminated with Hepatitis A. The Canadian Food Inspection Agency reported illnesses associated with the consumption of this product.

Class Members include individuals who consumed the Recalled Frozen Fruit and contracted Hepatitis A and their families, as well as individuals who were immunized to prevent Hepatitis A contraction as a result of having consumed the Recalled Frozen Fruit, and those who purchased the Recalled Frozen Fruit.

Class Members may participate in the settlement, if approved; object to the settlement; or exclude themselves from the class actions ("Opt-Out"). For more information on the settlement see the "long form notice" available online at berryrecall.ca or contact Siskinds at the numbers listed below.

Class Members who do not Opt-Out of the class actions will be entitled to claim from the Settlement if it is approved by the Courts. If the Settlement is approved, and subject to Court Orders permitting direct notice, various Class Members will be notified directly of their entitlement to make a claim, and the process for doing so.

For more information on the proposed settlement, including on how to Opt-Out of the class actions, or to view a copy of the Plan of Allocation, visit www.berryrecall.ca. Information can also be obtained from Siskinds in English at: 1-800-461-6166 x 2278 or, in French, at: 1-418-694-2009.

Class Counsel

SOURCE Siskinds LLP

SISKINDS LLP, 680 Waterloo Street, P.O. Box 2520, London, ON, N6A 3V8, Karen Martel, 1-800-461-6166 x 2278, [email protected]; SISKINDS, DESMEULES, AVOCATS S.E.N.C.R.L., 43, rue de Buade, bureau 320, Québec, QC G1R 4A2, Christine Béland, [phone], [email protected]; For media inquiries, contact Daniel Bach at 416-362-8334 or [email protected]

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