Alerted by a report from the TV show La Facture, a consumer in the region of Joliette launched a class action lawsuit in 2020 against several Quebec-based food chains as well as various businesses selling their food products through these retailers. The subject of the dispute: the sale of fake black olives.
Ripe or not?
According to her testimony, over the years, Ms. Langlais had purchased canned green olives disguised as black olives through the use of a product called gluconate. In addition to seeking 216$ in refunds for the cans she bought, Ms. Langlais claims $250, 000 from each company from the lawsuit.
Contrary to what we might believe, black and green are not different types of olives, according to the lawsuit. Green olives are in fact unripe olives that turn black as they ripen.
The lawsuit alleges that the use of gluconate makes it possible to colour the olive in black within a few days instead of waiting several weeks or months for the olive to mature naturally on the tree. According to the lawsuit, ferrous gluconate, derived from iron, makes it possible to colour the olive in just a few days due to the oxidation effect.
As the class action is still at the authorization stage before the Superior Court, it is not yet possible to know whether the plaintiff will be successful with this lawsuit.
A food fraud?
Ms. Langlais says that she is not accusing the businesses of committing “food fraud” by selling or distributing fake black olives. However, the law firm that drafted the lawsuit refers to this concept. But what exactly is “food fraud”?
The Canadian Food Inspection Agency (CFIA) states that a food fraud “may occur when food is misrepresented”. It can cause health risks if, for example, unidentified allergens or hazardous materials are added to food products.
“It can also have an economic impact on the buyer (for example, paying for a product that is actually of lower quality)”, according to the CFIA.
Also according to the CFIA, olive oil, honey, dried spices, fish, fruit juices and organic food are the products most affected by what is known as food fraud.
Small compensations
While the total amounts claimed from the companies may seem high, they don’t necessarily represent a large amount for every class member. For example, in 2020, a $850,000 settlement with Red Bull Canada only gave a maximum compensation of $10 per consumer who had submitted a valid claim.
Likewise, for a $650, 000 settlement with Canada Dry Mott’s in 2021, which resulted in maximum compensation of $7.50 per consumer who had submitted a valid claim.