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Daily Harvest agreed to a $7.67 million class action lawsuit settlement to resolve claims its French Lentil + Leek Crumbles caused food poisoning.
The settlement benefits consumers who purchased, received or consumed Daily Harvest French Lentil + Leek Crumbles in 2022 and who suffered personal injuries or consequential monetary damages as a result.
According to the Daily Harvest recall class action lawsuit, the company recalled the French Lentil + Leek Crumbles due to contamination with tara flour, a gluten-free flour made from the seed pods of tara trees that may carry a risk of salmonella contamination. Plaintiffs in the case claim Daily Harvest failed to properly test its tara flour for salmonella contamination before using it in the French Lentil + Leek Crumbles, exposing consumers to dangerous salmonella bacteria and causing serious injuries.
Daily Harvest is a meal delivery service that offers a variety of foods, including soups, smoothies, bowls and more.
Daily Harvest hasn’t admitted any wrongdoing but agreed to pay $7.67 million to resolve these allegations. This settlement is in addition to a $22.99 million settlement Daily Harvest agreed to in 2024 to resolve similar claims.
Under the terms of the Daily Harvest settlement, class members can receive compensation for personal injury damages and/or monetary damages.
Category 1A class members who did not suffer personal injuries but did suffer monetary damages as a result of another person’s personal injuries can receive an estimated payment of $665. Category 1B claimants who directly suffered personal injuries related to their consumption of the crumbles but did not receive medical treatment for these injuries can receive up to $1,335.
Category 2 class members who directly suffered personal injuries related to their consumption of the crumbles and received medical treatment for these injuries but were not hospitalized can receive up to $20,000.
Category 3 claimants who directly suffered personal injuries related to their consumption of the crumbles, received medical treatment for these injuries and were hospitalized can receive up to $40,000.
Category 4 class members who underwent a cholecystectomy (gallbladder removal surgery) related to their consumption of the crumbles can receive up to $173,330.
These settlement payment amounts may be reduced on a pro rata basis depending on the amount deducted from the settlement and the number of claims filed.
The deadline for exclusion was Dec. 11, 2024. The deadline for objection is Jan. 21, 2025.
The final approval hearing for the Daily Harvest recall settlement is scheduled for March 3, 2025.
To receive settlement benefits, class members must submit a valid claim form by Jan. 21, 2025.
Who’s Eligible
Individuals in the United States who purchased, received or consumed Daily Harvest French Lentil + Leek Crumbles in 2022 and suffered personal injuries or consequential monetary damages as a result
Potential Award
$665 to $173,330
Proof of Purchase
Documentation of personal injury or consequential damages, such as receipts, medical records, bills, etc.
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
01/21/2025
Case Name
Peni v. Daily Harvest Inc., et al., Case No. 1:22-cv-05443-DLC, in the U.S. District Court for the Southern District of New York
Final Hearing
03/03/2025
Settlement Website
Claims Administrator
Smirk’s-Molinos Settlement
PO Box 361930
Hoover, AL 35236-1930
[email protected]
877-229-1937
Class Counsel
William D Marler
MARLER CLARK INC. PS
James R Peluso
DREYER BOYAJIAN LLP
Paul V Nunes
HEISMAN NUNES & HULL LLP
Joseph E O’Connor
O’CONNOR & PARTNERS PLLC
Jeffrey A Bowersox
BOWERSOX LAW FIRM PC
Defense Counsel
Scott Haworth
Jennifer Bruder
HAWORTH BARBER & GERSTMAN LLC
Michael P Collins
BOND SCHOENECK & KING PLLC
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5 thoughts on$7.67M Daily Harvest recall class action settlement
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You better have proof that you bought it, the ingredient was in one of the meals, and so forth.
If you don’t, you are under penalty of perjury.
Add me
You better have proof that you bought it, the ingredient was in one of the meals, and so forth.
If you don’t, you are under penalty of perjury.