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Add us on GoogleCanada’s major grocers are embroiled in a sticky legal dispute after an updated class-action lawsuit accused them of negligence for selling diluted maple syrup labelled as pure.
The amended legal filing in Quebec’s Superior Court alleges that Loblaw Companies Limited, Metro Inc., Sobeys Group Inc. and Groupe Épicia Inc. were “betraying their customers’ trust” by stocking cans of syrup that were allegedly cut with cheap cane sugar.
For those of us who take deep national pride in our quintessential export, the allegations touch a sensitive cultural nerve. Canada produces the vast majority of the world’s maple syrup supply, and strict regulations govern the purity of the national staple.
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Allegations expand to target major retail chains
The legal challenge was initially launched in April by plaintiff Maude Fraser-Jodoin. That original application named only the producer, Saint-Chrysostome, Que.-based Érablière Steve Bourdeau, as a defendant.
However, an amended court filing submitted earlier this month by the law firm Slater Vecchio added the nation’s grocery giants to the action. The suit claims the supermarket chains displayed “negligence, recklessness, carelessness, or serious indifference” by putting the compromised product onto store shelves across Canada.
According to the newer filing, the retailers failed to perform basic checks on products carrying significant price discounts compared to genuine maple syrup.
“The grocery stores should have exercised caution and due diligence before offering this ‘pure’ maple syrup for sale at a low price, given the disparity with the value of other products,” the court document states. “They should even have suspected that the disputed syrup was tampered with after it went on sale, in light of the available information.”
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Investigative report revealed diluted cans
The legal proceedings stem from an April investigative report by Radio-Canada. Laboratory testing on cans of syrup purchased at a local grocery store revealed that product labelled as pure maple syrup was actually composed of at least 50% cane sugar.
In the report, the producer’s owner, Steve Bourdeau, also allegedly acknowledged buying syrup from Ontario and mislabelling it as a “product of Quebec” in violation of provincial regulations.
Financial remedies and punitive damages sought
The lawsuit targets sales dating back to Oct. 5, 2010, suggesting the group of affected consumers could number in the thousands or potentially millions.
The proposed class includes anyone in Canada who bought at least one can of maple syrup produced by the company since October 2010, whether directly or through Metro, Sobeys, Groupe Épicia or Loblaws.
In addition to full refunds and unspecified compensatory damages, the lawsuit demands $100 in punitive damages per class member to deter similar actions in the future.
“Without an award of significant punitive damages, nothing will deter L’Érablière from continuing such practices to the detriment of maple syrup enthusiasts, maple syrup producers, and the integrity of this product, which is integral to Quebec’s identity,” the court filing reads.
The application to authorize the class action must still be authorized by a judge in Quebec’s Superior Court before the lawsuit can proceed to trial, and none of the claims have been proven in court.
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Leslie Kennedy served as an editor at Thomson Reuters and for Star Media Group, followed by a number of years as a writer and editor and content manager in marketing communications, before returning to her editorial roots. She is a graduate of Humber College’s post-graduate journalism program and has been a professional writer and editor ever since.
