A class action lawsuit has been launched following the recall of Nature’s Touch Organic Berry Cherry Blend due to possible contamination with Hepatitis A.

The suit alleges the manufacturer negligently produced the frozen berries, which were then distributed by Costco.

The plaintiff is seeking to recover compensation for physical injury, medical expenses, lost wages or employment income, and a refund for the cost of purchasing the recalled product on behalf of purchasers and their family.

“Canadian consumers have a right to trust that the food they purchase is of the quality and standard they expect, such that it is safe for consumption and will not pose a health risk. This lawsuit seeks to protect that right” said Elizabeth deBoer, a lawyer with Siskinds LLP.

Canada’s Public Health Agency linked 13 cases of Hepatitis A to the berries, including three in Quebec.