Food manufacturer Patties Foods Ltd is facing a major class action by people who have allegedly contracted Hepatitis A after eating the Company’s frozen berry products.

Leading compensation litigation law firm Slater and Gordon said they had been contacted by a number of alleged victims.

Australian Food News reported on Monday that Patties Foods had recalled two of its frozen berries products, Nanna’s Frozen Mixed Berries and Creative Gourmet Mixed Berries. The Company has also recalled its 1kg Nanna’s Raspberries product with a Best Before Date up to and including 15 September 2016.

Patties Foods said its Nanna’s 1kg Mixed Berries, Nanna’s 1kg Raspberries and Creative Gourmet 300g and 500g Mixed Berries products are all packed in China. The Company sources its raspberries, blackberries and strawberries from China, while blueberries in its products are sourced from Chile before being packed in China.

Nature of compensation claim

Slater and Gordon Principal lawyer Julie Clayton said the reports that were emerging about the nature of the contamination showed sufficient cause for a class action claim. She encouraged anyone who consumed the contaminated berries and contracted the virus to contact her firm.

“Manufacturers of goods, such as the frozen berries in question, have a number of stringent obligations towards consumers under Australian law, and among the most important of these is a clear requirement that any goods they produce must be free from safety defects,” Ms Clayton said.

“This means that the safety of goods must be of a standard that people generally are entitled to expect for a product of that nature – clearly, any food product contaminated with a virus like hepatitis A fails to meet this test,” Ms Clayton said. “The symptoms and consequences of contracting hepatitis A can be very unpleasant, and can take some time to fully subside,” she said.

Ms Clayton said the Australian Consumer Law gives rights to individuals who were injured as a result of a safety defect in goods to claim compensation against the relevant manufacturer.

Patties Foods released a statement that it was too early to comment on whether the Company would meet the medical costs of any consumers who contracted Hepatitis A.

“The link between our products and the reported illnesses has not yet been confirmed,” the Company said. “This makes it too early to comment but at all times our priority is the safety and welfare of our consumers,” it said.

More cases may emerge

Slater and Gordon said that more cases may emerge in the near future. Ms Clayton recommended that anyone who is diagnosed with hepatitis A after consuming the recalled frozen berries seek legal advice about their circumstances, and consider taking steps to preserve any evidence they might have.

“Slater and Gordon has acted for victims of many different food-contamination scares in the past, including previous cases of contamination with hepatitis A,” Ms Clayton said.

“One of the difficulties that can often emerge in such claims is in proving that people acquired and consumed the affected food, since we typically tend not to keep shopping receipts or unused foods for long periods of time,” Ms Clayton said.

Lawyers recommend keeping berry packs as ‘evidence’

Ms Clayton noted that Victoria’s Chief Health Officer, Dr Rosemary Lester, had advised consumers to immediately dispose of any packs of recalled berries.

“We would encourage anyone diagnosed with Hepatitis A who is still in possession of a partially-used pack of recalled berries to contact Slater and Gordon to discuss how best to follow this directive while ensuring that relevant evidence is preserved,” Ms Clayton said. “For anyone who thinks they might be affected by the recalled frozen berries, we’d recommend that they hold on to any receipts or other proof of their purchase or use of the berries,” she said.

“Anyone who has thrown out their receipts might want to take some time to write down whatever they can recall about when and where they purchased and consumed the berries, to ensure this information isn’t forgotten,” Ms Clayton said.

Under the Australian Consumer Law, Australian distributors of imported goods can be held responsible for products’ safety to the same extent that they would if they had grown or manufactured them themselves.

“If the current hepatitis A scare is definitively linked to the manufacturer, Patties Foods Ltd, then we would hope it will do the right thing and compensate those affected without forcing them to take legal action,” Ms Clayton said.

Slater and Gordon is encouraging anyone who believes they may have contracted hepatitis A after consuming the recalled frozen berry products to contact the law firm.

More details of Patties’ recalled berry products

Meanwhile, Patties Foods has set out in a statement a list of products, identifying which of its products have been recalled and which have not, as follows:

• 1kg Nannas Mixed Berries up to and including Best Before Date 22/11/16.
• 300g Creative Gourmet Mixed Berries, with a Best Before Date up to and including 10/12/17.
• 500g Creative Gourmet Mixed Berries, with a Best Before Date up to and including 06/10/17.
• 1kg Nanna’s Raspberries with a Best Before Date up to and including 15/09/16

Patties Foods has released the following information about the country of origin of its berry product range:

Nanna’s

1kg Mixed Berries (RECALLED):

Packed in China

Raspberries Blackberries and Strawberries are sourced from China and packed in China.

Blueberries are sourced from Chile before being packed in China.

1kg Raspberries (RECALLED):

Picked and packed in China

1kg Blueberries (NOT RECALLED):

Picked and packed in Chile.

1kg Sliced Strawberries (NOT RECALLED):

Picked and packed in Chile.

1kg Mango (NOT RECALLED):

Picked and packed in Vietnam

800g Avocado (NOT RECALLED):

Picked and packed in Peru

Creative Gourmet

Mixed Berries 500g and 300g (RECALLED):

Packed in China.

Raspberries Blackberries and Strawberries are from China.

Blueberries are sourced from Chile before being packed in China.

Raspberries (NOT RECALLED):

Picked and packed at different sources in China to Nanna’s 1kg Raspberries, Nanna’s 1kg Mixed Berries, and 300g & 500g Creative Gourmet Mixed Berries.

Blueberries (NOT RECALLED):

Picked and packed in Chile.

Whole Strawberries (NOT RECALLED):

Picked and packed in China at different sources in China to Nanna’s 1kg Raspberries, Nanna’s 1kg Mixed Berries, and 300g & 500g Creative Gourmet Mixed Berries.

Blackberries(NOT RECALLED):

Picked and packed in China at different sources in China to Nanna’s 1kg Raspberries, Nanna’s 1kg Mixed Berries, and 300g & 500g Creative Gourmet Mixed Berries.

Cherries (NOT RECALLED):

Picked and packed in Turkey.