WinCo Blackberries Lawsuit | 2025 Latest Updates

WinCo Blackberries Lawsuit Overview

Multiple lawsuits have been filed against WinCo Foods following reports of norovirus contamination in their frozen blackberries.

The primary allegations assert that the company failed to implement proper safety protocols to prevent contamination, resulting in widespread illness among consumers.

According to FDA reports, these contaminated products have been linked to numerous cases of norovirus illness across multiple states.

The FDA issued safety alerts and a recall notice for these potentially dangerous products.

Latest WinCo Blackberries Lawsuit Updates

• April 10, 2025 – A class action lawsuit was certified in Washington State court, consolidating claims from over 150 consumers who purchased contaminated WinCo frozen blackberries. The judge has set an initial settlement conference for June 2025.
• March 15, 2025 – The FDA expanded its investigation into the supply chain of frozen berries, focusing on harvesting and processing practices at Rader Farms in Lynden, Washington, the manufacturer of the recalled products.
• February 22, 2025 – Three new individual lawsuits were filed in Oregon by consumers who were hospitalized with severe norovirus symptoms after consuming WinCo blackberries, seeking damages for medical expenses and lost wages.
• January 8, 2025 – WinCo Foods issued a statement acknowledging the contamination issue and established a consumer compensation program for affected customers requiring medical treatment.
• December 12, 2024 – The initial recall was expanded to include additional production dates and related frozen berry products from the same processing facility.

Market Statistics and Impact

The frozen berry market in the United States was valued at approximately $3.2 billion in 2024, with blackberries representing about 15% of that market. According to industry reports, WinCo Foods distributes approximately 2.5 million pounds of frozen blackberries annually across their stores in 10 western states.

Economic impact data from the CDC estimates that norovirus illnesses cost approximately $2 billion in healthcare expenses and lost productivity annually in the United States. T

he average cost of treatment for a single case of severe norovirus is estimated at $2,300, accounting for medical care, medication, and lost work time.

These products were manufactured by Lynden, Washington-based Rader Farms, according to a Recall Notice [1] by the U.S. Food & Drug Administration (FDA).

FDA Reports and Statistics

According to the FDA’s MAUDE (Manufacturer and User Facility Device Experience) database and recall notices:

• 247 adverse event reports related to WinCo frozen blackberries were submitted between October 2024 and March 2025
• Approximately 178 consumers reported experiencing norovirus symptoms after consumption
• 43 cases required hospitalization for severe dehydration and related complications
• The FDA issued a Class I recall, indicating a situation where there is a reasonable probability that the use of the product will cause serious adverse health consequences

WinCo Blackberries Injuries & Side Effects

Consumption of the contaminated WinCo blackberries has been associated with norovirus infection, which can cause severe gastrointestinal symptoms and complications.

Common side effects reported include:

• Severe Gastroenteritis: Acute stomach pain, cramping, and intestinal inflammation
• Dehydration: Severe fluid loss requiring medical intervention in some cases
• Prolonged Illness: Symptoms persisting for more than 72 hours in vulnerable populations
• Secondary Infections: Weakened immune response leading to additional health complications

Do You Qualify for a WinCo Blackberries Lawsuit?

You may qualify for a WinCo Blackberries lawsuit if:

• You purchased WinCo frozen blackberries between October 2024 and January 2025
• You consumed the product and subsequently developed norovirus symptoms within 12-48 hours
• Your illness required medical attention or resulted in hospitalization
• You can provide documentation of purchase (receipt, credit card statement, loyalty program records)
• You have medical records confirming diagnosis of norovirus or related foodborne illness

Evidence Required for a WinCo Blackberries Lawsuit

To strengthen your case, you should gather:

• Purchase receipts or other proof of buying WinCo frozen blackberries
• Packaging or lot numbers of the product (if available)
• Medical records documenting your symptoms, diagnosis, and treatment
• Documentation of missed work days and lost wages
• Records of any communication with WinCo Foods regarding the incident

Damages You Can Recover

Potential compensation in a WinCo Blackberries lawsuit may include:

• Medical expenses for doctor visits, hospital stays, medications, and ongoing care
• Lost wages due to inability to work during illness
• Pain and suffering related to the illness and recovery period
• Punitive damages if gross negligence is proven
• Out-of-pocket expenses related to your illness and recovery

WinCo Blackberries Recall Information

On November 30, 2024, WinCo Foods initiated a voluntary recall of their frozen blackberries after testing revealed potential norovirus contamination. The recall details include:

• Products Affected: 12 oz. bags of “WinCo Foods Frozen Blackberries”
• Lot Numbers: All products with lot codes starting with BL241005 through BL241120
• Distribution: Sold at WinCo Foods stores in Arizona, California, Idaho, Montana, Nevada, Oklahoma, Oregon, Texas, Utah, and Washington
• Recall Classification: Class I (highest risk level)

Statute of Limitations for WinCo Blackberries Lawsuits

Time constraints for filing a WinCo Blackberries lawsuit vary by state:

• California, Idaho, Nevada, Oklahoma, and Texas: 2 years from date of injury
• Arizona, Montana, Oregon, Utah, and Washington: 3 years from date of injury

These timeframes begin from either the date you consumed the contaminated product or the date you reasonably discovered the connection between your illness and the product.

Consulting with an attorney promptly is essential to ensure your claim is filed within the appropriate timeframe.

FAQs

1. What is the Current Status of WinCo Blackberries Lawsuits?

The litigation is currently in the early stages, with both individual and class action lawsuits proceeding through the court system. Initial discovery has begun in several states, and settlement discussions are expected to commence in mid-2025 after more cases are consolidated.

2. How Much Compensation Can I Receive from a WinCo Blackberries Lawsuit?

Compensation varies based on several factors including severity of illness, duration of symptoms, medical expenses incurred, and lost wages. Based on similar foodborne illness cases, settlements have ranged from $5,000 for minor cases to over $100,000 for severe cases requiring hospitalization.

3. Can I Join the Class Action Lawsuit if I Was Affected?

Yes, if you purchased and consumed WinCo blackberries during the affected period and experienced illness, you may be eligible to join the ongoing class action. Contact Schmidt & Clark, LLP to determine if joining the class action or pursuing an individual claim is more advantageous in your specific situation.

4. What Scientific Evidence Links These Blackberries to Norovirus?

FDA laboratory testing confirmed the presence of norovirus particles in multiple samples from the recalled lots. Genetic sequencing established that the virus strain in the blackberries matched the strain identified in patients who consumed the product, creating a direct causal link.

5. How Does Norovirus Contaminate Frozen Berries?

Norovirus contamination typically occurs through contact with infected food handlers during harvesting or processing, inadequate sanitation practices, or contaminated water used for irrigation or washing. Freezing preserves rather than kills the virus, allowing it to remain viable in frozen products.

6. Can I File a Claim if I Purchased but Didn’t Consume the Berries?

You may be eligible for refund compensation but typically not for personal injury damages without consumption and subsequent illness. Many affected consumers have successfully received refunds directly from WinCo Foods through their consumer response program.

7. What If I Don’t Have a Receipt for My Purchase?

While having a receipt strengthens your claim, alternative forms of proof may be accepted, including credit card statements, loyalty program records, witness statements, or even photographs of the product in your possession. Our attorneys can help evaluate your specific situation.

8. How Long Does It Take to Resolve a Food Contamination Lawsuit?

Most food contamination cases settle within 8-18 months, though complex cases may take longer. Factors affecting timeline include case complexity, number of plaintiffs involved, evidence availability, and whether the case goes to trial or settles out of court.

Also Read: Norovirus Lawsuit

Get A Free WinCo Blackberries Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for WinCo blackberry contamination cases. Most affected states have a statute of limitations of only 2-3 years from the date of injury, and this time may be running out for early cases.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees for our services
• Payment only if we win your case or secure a settlement
• Experienced representation from attorneys specialized in food safety litigation

Don’t delay in seeking the compensation you deserve for your suffering and expenses.

References:

1. https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/winco-foods-llc-recalls-frozen-blackberries-and-frozen-berry-medley-because-possible-health-risk