Court Approves Another Daily Harvest Lentil + Leek Crumbles Settlement, This Time for $7.6M

New to ClassAction.org? Read our Newswire Disclaimer

Two suppliers for meal kit delivery service Daily Harvest have agreed to pay more than $7.6 million to resolve a class action lawsuit that alleged a lentil and leek meal caused consumers to become ill.

Don’t miss out on settlement news like this. Sign up for ClassAction.org’s free weekly newsletter here.

The class action settlement aims to recover damages for personal injuries allegedly caused by consuming the French Lentil + Leek Crumbles meal, which was manufactured by Stone Gate Foods and distributed by Daily Harvest. The meal contained tara flour, an ingredient made in Peru by Molinos Asociados SAC and imported to the United States by Smirk’s Ltd.

Records indicate that Smirk’s and Molinos have reached an agreement with the New York plaintiff, and filed an amended motion and memo detailing the terms of the deal on October 8, 2024. The $7,671,000 settlement with Daily Harvest’s suppliers was granted preliminary approval by the court the next day, and the parties now await a final approval hearing scheduled for March 3, 2025 in New York.

In the Daily Harvest class action lawsuit, amended this month for the second time, the plaintiff claimed to have suffered fever, nausea, extreme abdominal pain, chills and joint pain after eating the lentil and leek meal, and ultimately had to have her gallbladder removed. Per the case, Daily Harvest announced a recall of the French Lentil + Leek Crumbles meal in June 2022 following reports by consumers of an “outbreak of gastrointestinal illness.”

The 11-page preliminary approval order issued by United States District Judge Denise L. Cote shares that the Smirk’s and Molinos deal covers anyone in the United States and its territories who purchased, received or consumed the French Lentil + Leek Crumbles meal at issue and directly suffered personal injuries by consuming the crumbles. The settlement also covers those who suffered consequential monetary damages arising from or related to another person’s personal injuries due to consumption of the crumbles.

The settlement with Smirk’s and Molinos comes on the heels of a separate deal with Daily Harvest, Inc. and Stone Gate Foods. For this previous settlement, which was preliminarily approved by the judge on May 22, 2024, Daily Harvest and Stone Gate Foods agreed to pay $22,999,000 to provide relief to the same class of consumers. According to the official website for the Daily Harvest and Stone Gate Foods settlement, CrumblesSettlement.com, the deadline to submit a claim form for a settlement rebate was September 2, 2024. The website relays that if the deal is granted final approval by the court and there are no appeals, most personal injury payments are expected to be issued to class members by the end of 2025.

As part of the separate deal with Smirk’s and Molinos, eligible class members may submit a claim for a cash benefit by mail or online, through the official settlement website—SMCrumblesSettlement.com—once it is launched. The settlement agreement notes that the website will go live by late October 2024.

ClassAction.org will update this page once the official settlement website goes live.

Individual payout amounts will depend on the number of valid claims that are submitted and the category into which a class member’s claim falls, as determined by the deal’s allocation plan. For example, a consumer who suffered consequential monetary damages related to another person’s personal injuries following consumption of the French Lentil + Leek Crumbles meal will fall into category 1A and may receive a pro-rated cash payment of up to $165. Per the document, those who suffered a verified personal injury but did not receive medical treatment will be eligible to get up to $335 as part of category 1B. Individuals who suffered verified personal injuries and/or were admitted to the hospital will be eligible to receive significantly larger cash payments as part of categories 2 through 4, the allocation plan shares.

The document adds that consumers who have already submitted a claim in the Daily Harvest and Stone Gate Foods settlement do not need to take further action to participate in the Smirk’s and Molinos deal. The claim previously filed will apply to both settlements, the document says.

According to the Smirk’s and Molinos settlement agreement, notice of the deal will be sent out via mail or email within 20 business days of the settlement’s preliminary approval.

Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.