Driscoll's, the world's largest berry producer, is facing a consumer fraud class action lawsuit that accuses the company of selling strawberries containing "forever chemicals." The lawsuit, filed by six individuals from New York, New Jersey, Massachusetts, and Illinois, alleges that the Watsonville-based company engaged in consumer fraud and deceptive practices.
The legal action is based on a laboratory report that tested two boxes of Driscoll's strawberries. According to the report, the produce contained residues of 12 different pesticides, with eight of them identified as PFAS "forever chemicals." These chemicals are described as extremely persistent and highly toxic, accumulating in the body over time and posing severe health risks. The lawsuit claims that Driscoll's failed to disclose the presence of these allegedly dangerous and long-lasting chemicals in its strawberries, which are marketed under the slogan "Only the Finest Berries."
Plaintiffs stated that they relied on Driscoll's packaging, marketing, and brand reputation, believing the strawberries to be safe and free from harmful contaminants. They assert that they would not have purchased the fruit, or would have paid significantly less, had they known about the alleged presence of PFAS-related compounds or persistent fluorinated pesticides.
The lawsuit also criticizes Driscoll's for allegedly running an "environmentally friendly campaign" that amounted to "greenwashing" its farming and manufacturing practices, which plaintiffs claim included the use of these persistent chemicals. David Harada, a former Manager of Food Safety and Regulatory Compliance for Driscoll's U.S. and Canada, filed a whistleblower complaint that heavily supports the class action suit. Harada claims he was wrongfully terminated after alerting executives that growers were allegedly violating pesticide limits.
In court documents obtained by the Post, Harada states that he was instructed to prioritize profits and create "plausible deniability" rather than address the company's alleged violations of state, federal, and international pesticide and food safety laws.
Driscoll's has refuted the accusations, with a spokesperson telling SF Gate that the claims are "without merit." The company maintains that it has robust food safety and compliance programs.