Listeriosis class action launch expected this week

Lawyers will this week file a class-action lawsuit application in the Gauteng High Court (Pretoria) on behalf of those affected by listeriosis, notes a Weekend Argus report. Richard Spoor Attorneys, which specialises in large and complex litigation and class action lawsuits, has partnered a leading US-based law firm, Marler Clark, which specialises in food safety, to take on Tiger Brands on behalf of more than 100 listeriosis victims. The lawsuit against Tiger Brands and Rainbow Chicken is regarded as the first of its kind against SA food manufacturing companies. The listeriosis outbreak, which began in January, has so far claimed 200 lives from about 1 000 confirmed cases. Although it’s unclear whether provincial departments of health will also take action against Tiger Brands and Rainbow, they are legally entitled to do so, says the report. Spoor reportedly said last week: ‘We’re working earnestly on the case. We believe we have a good case and strong arguments. I’m hopeful that by either Monday or Tuesday we will file the application.’ Ten people have been identified as representatives of the more than 100 victims in the class action. As reported in Legalbrief Today last week, another Johannesburg-based law company, LHL Attorneys, has already launched a proposed class action against Tiger Brands.

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Tiger Brands has confirmed receipt of founding papers in a certification application by LHL Attorneys. According to a City Press report, a company spokesperson said it was ‘studying them’ after which it ‘will be able to consider our position and respond’. LHL Attorneys’ class action is being spearheaded by Wendy Mnguni – an insurance consultant based in Johannesburg who claims to have become ill from eating processed meat contaminated with listeria monocytogenes, produced by Tiger Brands. ‘I became severely ill with listeriosis after consuming affected products of (Tiger Brands and Enterprise Foods) and believe it is important to obtain justice for all class members affected by this terrible disease.’ Spoor said Marler Clark had been included in its case because there wasn’t a significant history of food safety litigation in SA and the US firm had a lot of legal expertise in this type of law. Marler Clark would bring resources to the listeriosis case as it was a ‘huge, complex’ litigation matter that required significant funding to proceed. Spoor said if Tiger Brands opposed the matter the listeriosis case could take years to resolve.

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The listeriosis outbreak has shown the urgent need for appropriate microbiological regulations for processed meats, food safety expert Dr Lucia Anelich claims, according to a Saturday Star report. In an explanation about iisteria and listeriosis, she highlights that SA has no enforceable regulation on the maximum amount of listeria monocytogenes permitted in ready-to-eat (RTE) foods. As a result, many food-processing companies seek instead to abide by international regulations. The government has identified a strain of L monocytogenes as the cause of the listeriosis outbreak. ‘Unfortunately, while SA has strict regulations on Salmonella and E-coli, there is no set maximum for the amount of L monocytogenes that is permitted in RTE food,’ she said. ‘There is only a guideline – the SA National Standard 885 for processed meats. This guideline is voluntary and is not an enforceable regulation,’ Anelich added.

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