Nature’s Touch Organic Berry Cherry Blend Class Action

Coronavirus (COVID-19) Update Given the fluidity of the coronavirus pandemic, we are closely monitoring developments.  However, subject to government direction, we do not anticipate any disruptions regarding this class action at this time. While our call centre remains fully operational, recent surges in land line and cellular phone services by Canadians is saturating national service providers' networks and may cause disruption to call centre services, resulting in longer queue times.  As an alternative you may wish to contact our office by email. Please continue to monitor this website.  Updates will be posted here if this pandemic adversely affects the administration of this class action.



Did you purchase and/or consume recalled Nature’s Touch Organic Berry Cherry Blend frozen fruit from Costco in Canada?  If so, your legal rights might be affected by this Class Action.


The Deadline to submit a Claim Form was October 3, 2019. Claims are no longer being accepted.  The Claims Administrator is in the process of reviewing all claim submissions received.


What is this Class Action about?


Class actions have been initiated 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.


The class action has been certified by the Ontario Court for settlement purpose and has been authorized by the Québec Court in the context of a settlement. You may view a copy of the Notice of Certification and Settlement Approval Hearing by clicking here.


Who is affected by the Class Action?


All residents of Canada who:


  1. consumed Recalled Frozen Fruit and subsequently contracted Hepatitis A as a result;

  2. consumed Recalled Frozen Fruit and subsequently were immunized for Hepatitis A as a result;

  3. have a claim pursuant to the Family Law Act and analogous legislation and common law in other provinces; and

  4. purchased Recalled Frozen Fruit.


Has a settlement been reached?


A settlement has been reached in the class actions. The Defendants have agreed to pay $3,000,000.  The settlement is a compromise of disputed claims and is not an admission of liability or wrongdoing by the Defendants. The Courts have appointed Garden City Group, Inc. as the provisional Administrator of the proposed settlement.


The Ontario and Québec Courts have approved the Settlement Agreement, Plan of Allocation, and Class Counsel fees.


The Notice will provide more details about the settlement, how the settlement funds will be distributed, and the process for Class Members to apply for settlement benefits. Settlement benefits will be calculated in accordance with the Plan of Allocation as approved by the Courts.



We recommend you take a few minutes to view the FAQ section for further details about this class action.




The Deadline to submit a Claim Form was October 3, 2019.  Claims are no longer being accepted.

Important Updates