Six years after Listeria Outbreak sickened over 1,000, Tiger Brands agrees to pay some interim relief

Here is the joint press statement:

Parties continue to engage towards bringing the listeriosis class action to a close as quickly as possible.

Johannesburg, 3 February 2025 – Tiger Brands, Richard Spoor Inc and LHL Attorneys today announced that they have reached agreement for advance payments to be made to the first of a number of persons who are seeking interim assistance to address urgent medical needs while the class action continues. The parties are engaged in discussions to extend the relief to other qualifying claimants who are in a similar position.

In late October 2024, Tiger Brands reported that the company’s attorneys were engaging with the plaintiffs’ attorneys (Richard Spoor Inc and LHL Attorneys), to agree on relief for qualifying individuals who have urgent medical needs, regardless of the fact that liability has not yet been determined.

In order to protect the privacy of the individuals no details of the payments will be made public.

“We are glad to have open lines of communication with the defendants, at this critical time in the class action. This is an important inroad and a first step in the parties’ efforts towards justice for the victims of the listeriosis outbreak. The interim advance payments will go some way towards relieving the acute needs of the recipients.” said Richard Spoor, Founding Director of Richard Spoor Inc.

“The legal process has proved long and arduous. Even though liability has not yet been determined and Tiger Brands has no legal obligation to provide interim relief at this stage in the class action, the interim advance payment to a number of claimants with urgent needs recognises the debilitating circumstances in which they find themselves. Where the company has been provided with required information and documentation to enable decision-making in the process, we will act swiftly. Today’s announcement represents an important milestone,” said Tjaart Kruger, Chief Executive Officer, Tiger Brands.

“Further to today’s announcement, engagements between the parties’ legal representatives will continue in respect of the assessment of a number of claimants who may qualify for assistance, within the confines of the current process. In addition, endeavours are ongoing to explore a broader resolution of the class action in total and we hope to be in a position to make further announcements in this regard soon. We are particularly pleased to report that progress has been made in our longstanding efforts to gain access to the NICD’s records relating to their investigation of the listeriosis outbreak. The NICD has agreed to cooperate with us and will be making their records available to the parties as soon as possible. We believe that access to the NICD’s records will greatly assist the parties in moving the matter forward.” – said Tjaart Kruger, Chief Executive Officer, Tiger Brands.

The class action, which is being managed in two stages is still at the first stage during which liability is to be determined by the Court. Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered.

Republished with permission from Bill Marler and Marler Clark. Copyright (c) Marler Clark LLP, PS. All rights reserved.