Daily Harvest Settlement Reached For $23 Million Over Recalled French Lentil + Leek Crumbles

Daily Harvest, Inc. will pay $23 million to settle a class action lawsuit filed after its French Lentil + Leek Crumbles were linked to hundreds of illnesses and liver injuries in a food poisoning outbreak two years ago.

The Daily Harvest recall was announced in June 2022, following reports of nearly 500 illnesses linked to the prepared meal-delivery service. While the cause of the hospitalizations and injuries has not been concretely identified, the manufacturer has stated it believed some consumers had an adverse reaction to ingredients used in Tara flour.

Daily Harvest delivers a variety of ready-to-blend smoothies, bowels, soups and other products, which are marketed through television ads and social media influencers. However, a number of those individuals paid to promote the products on social media are among consumers who experienced gastrointestinal illness, liver function issues, and other side effects. Some consumers also reportedly suffered severe enough injuries to require gallbladder removal surgery.

The illnesses and recall resulted in both the manufacturer and the U.S. Food and Drug Administration calling for consumers not to eat the meals and to throw them out. They also resulted in several claims being filed against the company and its Second Bite Foods, Inc. subsidiary.

The settlement resolves a Daily Harvest class action lawsuit filed by Breeanne Buckley Peni, who indicates she became “violently ill” due to gastrointestinal illness caused by the recalled crumbles, resulting in her being hospitalized. She required surgery to remove her gallbladder.

On May 2, Peni filed an unopposed motion in the U.S. District Court for the Northern District of New York, calling for approval of a $23 million class action settlement agreement (PDF) to resolve the litigation.

The settlement agreement must now be approved by U.S. District Judge Denise L. Cote.