Annie Langlais filed the request for authorization for collective action in 2020. She was aimed at Walmart, Metro and Sobeys, to name only those. Nine distribution chains of food products or canned olive distributors are targeted by the judicial document.
In her request, she alleges that the “dark black, uniform and smooth olives” that she buys in store are actually “green olives artificially blackened by a chemical process”.
The handling would not be well indicated on the packaging. Ms. Langlais therefore demanded the reimbursement of all the olive boxes purchased in the past, in more than $ 250,000 in punitive damage, for her and all the members of the collective action.
“The facts on which the action proposed by Ms. Langlais is based are inaccurate, if not downright false,” says Judge Sylvain Lussier of the Superior Court.
Seen on TV
The plaintiff felt “deceived” after watching an episode of the show Grocery storepresented at Radio-Canada, in August 2019. In the segment, we learn that the black-so-called black olives are actually green olives soaked in a chemical called gluconate.
The objective behind this technique is to avoid the long wait so that the olives reach maturity on their tree, of course.
The product is therefore not really ripe as it is indicated on the container, maintains the plaintiff.
“To the vision of this first report, [Annie Langlais] said she was alarmed and she started to discuss it with her friends. However, she continued to buy and consume these black olives until November 2020, “said Judge Lussier, in his judgment rendered on July 21.
A standard process
In defense, the food chains and distributors referred to jointly submitted a declaration of the Director General of the Asociacion of exportadores e Lndustrias of Aceitunas de Mesa (Asemesa), Antonio de Mora. This association brings together representatives of the production, marketing and export of olives in Spain.
He explains in detail the olive transformation process, used by all the main producers. The use of gluconate is a common, and standardized technique.
In summary, olives are ripened in an accelerated way, by oxidation, and ferrous gluconate is added to stabilize the color.
The proof has not been contradicted and it corresponds to the information transmitted by the program of Radio-Canada.
After a complete analysis of the olive transformation process, the judge concludes that gluconate is not at the origin of the color change of the olives, as the plaintiff alleys.
The oxidation process of olives aims to make them ripen and blacken. “It is not the ferrous gluconate that is used for this purpose, but the oxygen of the air,” reads the judicial decision.
The court even concludes that it is not a “chemical” alteration. These facts were however well explained in the program Grocery storewhich combines in every way with the explanation given by Antonio de Mora, the Spanish specialist in olive production.
In addition, the judge concludes that the labels of the products are completely in line with, and not at all false. The product indicated is indeed the product in the container.
Full rejection
The judge specifies that Ms. Langlais did not provide a counter-procurement relating to the process of transforming olives, which was at the heart of her request for authorization for collective action.
The allegations of the plaintiff – which prove to be false – do not open up to any claim for damages, also concludes the judicial decision.
“Obviously, the oxidation process of olives is not likely to influence the behavior of the plaintiff which continued to buy black olives for 14 months after having [vu l’émission L’épicerie]”Complete the judge.
Ms. Langlais was represented by Me Fredy Adams, from Adams Avocat inc.