Sunrise Growers Hit with Class Action Over Potential Bacterial Contamination in Frozen Fruit Products

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Sunrise Growers, Inc. faces a proposed class action in the wake of its voluntary recall of various frozen fruit products sold at Walmart, Whole Foods, Trader Joe’s, Target, Aldi and Associated Wholesale Grocers due to potential bacterial contamination.

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According to the 29-page case, the food manufacturer “improperly, deceptively, and misleadingly” failed to disclose that the following frozen fruit products may contain Listeria monocytogenes, a type of bacteria that can cause a serious and sometimes fatal infection known as listeriosis:

• Great Value Mixed Fruit;
• Great Value Dark Sweet Cherries;
• Great Value Mango Chunks;
• 365 Organic Tropical Fruit Medley;
• 365 Organic Pineapple Chunks;
• 365 Pineapple Chunks;
• 365 Organic Whole Strawberries;
• 365 Organic Slice Strawberries and Bananas;
• 365 Organic Blackberries;
• Trader Joe’s Organic Tropical Fruit Blend;
• Good & Gather Organic Cherries and Berries Fruit Blend;
• Good & Gather Dark Sweet Whole Pitted Cherries;
• Good & Gather Mango Strawberry Blend;
• Good & Gather Mixed Fruit Blend;
• Good & Gather Mango Chunks;
• Good & Gather Blueberries;
• Good & Gather Triple Berry Blend;
• Season’s Choice Tropical Blend; and
• Best Choice Pitted Red Tart Cherries.

The lawsuit says that the foodborne illness, which causes a 95 percent hospitalization rate and has a case fatality rate of 20 percent, is particularly dangerous to infants, pregnant mothers, the elderly and immunocompromised individuals.

“Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, listeria infection can cause miscarriages and stillbirths among pregnant women,” the complaint relays. Other infection issues associated with Listeria monocytogenes include sepsis, meningitis and encephalitis, the suit adds.

The complaint stresses that the bacteria can survive in freezing conditions, making the defendant’s frozen fruit products “in no way safe for humans.”

Concerningly, consumers reasonably believed they were purchasing frozen fruit that was safe for consumption given that the company omitted from packaging that the products contain, or are at risk of containing, life-threatening bacteria, the filing says.

“Had [the plaintiff] and Class Members known the truth about the products,” the case claims, “they would not have been willing to purchase it at any price, or, at minimum would have paid less for it.”

According to Sunrise Growers’ June 21 recall announcement, the products’ potential for Listeria monocytogenes contamination has been linked to pineapple provided by a third-party supplier.

The lawsuit looks to represent anyone who purchased any of the products listed above during the applicable statute of limitations period.

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