Smucker’s, Ardent Mills flour E. coli contamination $1.54M class action settlement

Smucker’s agreed to a $1.54 million class action settlement to resolve claims that its Ardent Mills flour products were contaminated with E. coli.

The settlement benefits Canadian consumers who purchased Smucker’s or Ardent Mills flour that was recalled on March 29, April 12 or April 16, 2017, due to E. coli contamination.

E. coli is a bacteria that, when ingested, can cause stomach cramps, diarrhea, vomiting, nausea and other symptoms, according to the Mayo Clinic. Most cases of E. coli infection are mild, but severe cases can result in kidney failure, seizures, stroke or even death.

After E. coli cases started between November 2016 and April 2017, the Canadian Food Inspection Agency (CFIA) launched an investigation which determined that various Ardent Mills flour products were the source of the outbreak.

In 2017, Smucker’s Food announced a voluntary recall of the various branded flour products produced by Ardent Mills in Saskatoon, Saskatchewan. The products were allegedly contaminated by E. coli — putting consumers at risk for serious illness.

Canadian consumers took legal action against Smucker’s, arguing the company was liable for illness and other damages resulting from the E. coli-tainted flour. 

Smucker’s hasn’t admitted any wrongdoing but agreed to a $1.54 million class action lawsuit settlement to resolve these claims. The Ardent Mills flour settlement covers economic losses, emotional distress and physical harm stemming from these products.

Under the terms of the Ardent Mills flour settlement, class members can collect a cash payment based on their experiences with the recalled Smucker’s flours.

Class members who experienced one symptom (diarrhea, moderate or severe cramps, nausea or vomiting) can recover $1,000 if they were sick for fewer than seven days, or $2,000 if they were sick for more than six days. Class members who experienced two or more symptoms can receive $1,500 if they were sick for under seven days or $3,000 if they were sick for more than six days.

Additional harm may entitle class members to higher payments. For example, those who experienced symptoms for between three and 12 months following infection can receive $500 for every month they experienced symptoms past three months. Individuals who were hospitalized can receive a $7,500 payment plus $500 per day they were hospitalized.

Higher payments of $25,000 plus up to $10,000 for hospital stays are available to class members who were hospitalized and experienced complications such as impaired organ function. 

The highest settlement payments of $50,000 with up to $15,000 for hospitalization are reserved for class members who underwent surgery, needed blood transfusion or kidney dialysis, experienced serious complications, were sick for over a year, experienced prolonged impaired organ function or died as a result of their E. coli infection.

The deadline for exclusion and objection passed on May 17, 2022. 

The approval hearing was held June 7, 2022; the court approved the settlement.

In order to receive a payment from the Ardent Mills flour settlement, class members must submit a valid claim form by Nov. 30, 2022. Claims may require documentation such as medical records to support payments.

Who’s Eligible

The settlement benefits Canadian consumers who purchased recalled Smucker’s or Ardent Mills flour that was recalled on March 29, April 12 or April 16, 2017, due to E. coli contamination.

Potential Award

Varies

Proof of Purchase

Supporting medical documentation is as follows:

• Statutory Declaration that the Class Member consumed Recalled Flour and suffered illness or injury as a result (the “Statutory Declaration”); and
• Physician’s notes, hospital admission records, or other medical documents created during or soon after illness by a physician, hospital or other medical professional recording symptoms consistent with E. coli O121 infection And where applicable:

1. 1. Test results from a cultured stool sample obtained and tested within 45 days of the onset of illness confirming the presence of E. coli O121 bacteria;
   2. Test results from a blood sample obtained and tested confirming the presence of antibodies keyed to at least one antigen of E. coli O121 bacteria; or
   3. Test results from a urine sample obtained and tested within 14 days of the onset of illness, confirming the presence of E. coli O121 bacteria

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/30/2022

Case Name

Rose Alzu and Sherry Horenacker v. Smucker Foods of Canada Corp./Corp. de Produits Alimentaires Smucker Du Canada and Ardent Mills ULC, Court File No. 170307203, in the Court of Queen’s Bench of Alberta

Final Hearing

06/07/2022

Settlement Website

MNP.ca/Smuckers-Ardent-Mills-Flour-Class-Action

Claims Administrator

MNP Ltd.
1500, 640 – 5th Avenue SW
Calgary, AB, T2P 3G4
ardentmillssettlement@mnp.ca
844-386-8383

Class Counsel

JAMES H BROWN & ASSOCIATES LLP

GUARDIAN LAW GROUP LLP

Defense Counsel

STIKEMAN ELLIOTT LLP

MCCARTHY TÉTRAULT LLP