Driscoll Strawberries Lawsuit: Three U.S. Cases, a Quebec Filing, No Claim Form
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The Driscoll strawberries lawsuit in the news is now three separate U.S. class actions over alleged PFAS-related pesticide residues on conventional strawberries — the newest filed in New York federal court on September 24, 2026 — plus a proposed class action in Quebec reported on October 1, 2026. As of October 5, 2026, none has settled. There is no fund, no claim form and no deadline.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Say
All three U.S. complaints make the same core allegation: Driscoll’s sold conventional strawberries as “Only the Finest Berries,” grown under “rigorous food safety and quality standards,” without disclosing residues of fluorinated pesticides that the plaintiffs call PFAS-related “forever chemicals.” The lawsuits allege buyers paid a price premium they would not have paid. They do not allege anyone got sick.
The residue figures trace to a consumer-site test published May 12, 2026: two boxes, one organic and one conventional. Per the complaints, the conventional box showed residues of 12 pesticides and the organic box showed none. Organic Driscoll’s strawberries are expressly excluded from the U.S. cases. Driscoll’s says it disputes the Quebec allegations. We read the first two complaints in detail here: two cases, eight pesticides, and no U.S. limit exceeded.
Case Details
1. Farley v. Driscoll’s, Inc., No. 2:26-cv-05950 (E.D.N.Y.), filed September 24, 2026, assigned to Judge Lee G. Dunst. One plaintiff; a proposed nationwide class plus a New York subclass, under New York General Business Law §§ 349 and 350 and unjust enrichment. This is the newest case and the reason for the latest headlines.
2. Berlinger v. Driscoll’s Inc., No. 5:26-cv-06444 (N.D. Cal.), filed June 26, 2026, before Judge Edward J. Davila. Six plaintiffs; classes under Illinois, Massachusetts, New Jersey and New York law.
3. Washington v. Driscoll’s, Inc., filed June 18, 2026 in Santa Cruz County Superior Court (No. 26CV02011) and removed by Driscoll’s on July 8, 2026 to federal court as No. 3:26-cv-06961 (N.D. Cal.), originally assigned to Judge Beth Labson Freeman. California purchasers only. The plaintiff moved on August 7, 2026 to send it back to state court; the docket shows a reassignment entry on September 28, 2026.
Also in the news: a proposed class action in Quebec Superior Court covering buyers of any Driscoll’s berries since January 1, 2022, and a separate retaliation suit by a former Driscoll’s food-safety manager. That one is an individual employment case, not a consumer class action.
Status: Pending, No Settlement
In California, the parties filed a joint case management statement in Berlinger on September 18, 2026, and briefing on the Washington remand motion closed with a reply on September 18, 2026. Whether the two California cases end up before one judge, or the Washington case returns to state court, was not clear from the public docket as of this date.
The Quebec case must first be authorized by a judge, which CBC reported could take at least a year.
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There's no claim deadline yet. We'll email you if a settlement opens a claim period.
Who Is in the Proposed Classes
Driscoll strawberries class action classes, as proposed (none certified):
Farley: anyone in the U.S. who bought Driscoll’s conventional strawberries for personal use, with a New York subclass.
Berlinger: purchasers in Illinois, Massachusetts, New Jersey and New York.
Washington: California residents who bought them for personal, family or household use.
Quebec: anyone who bought Driscoll’s strawberries, raspberries, blackberries or blueberries since January 1, 2022.
Organic Driscoll’s strawberries are excluded from all three U.S. cases. You do not need to sign up anywhere. If a class is certified or a settlement is reached, the court approves a notice program and an official claim site is announced.
Is There Money? Not Yet
The New York complaint cites statutory damages of $50 under GBL § 349 and $500 per unit under GBL § 350. Those are what the plaintiff asks for, not what anyone will receive.
Use the payout calculator only once a real settlement exists.
Driscoll's Strawberries Lawsuit Timeline
- 1
May 12, 2026 — The Residue Test
A consumer site publishes results for two boxes of Driscoll’s strawberries. Per the complaints, the conventional box showed residues of 12 pesticides and the organic box none.
- 2
June 18, 2026 — First Suit in California
Washington v. Driscoll’s is filed in Santa Cruz County Superior Court on behalf of California buyers.
- 3
June 26, 2026 — Four-State Federal Case
Six consumers file Berlinger v. Driscoll’s in the Northern District of California under Illinois, Massachusetts, New Jersey and New York law.
- 4
July 8, 2026 — Removal to Federal Court
Driscoll’s moves the Washington case to federal court. The plaintiff seeks remand on August 7, 2026.
- 5
September 24, 2026 — New York Suit
Farley v. Driscoll’s is filed in the Eastern District of New York, seeking a nationwide class.
- 6
October 1, 2026 — Quebec Filing Reported
CBC reports a request to authorize a Quebec class action covering all Driscoll’s berries bought since January 1, 2022. Driscoll’s disputes it.
Three Things to Watch For
High search interest in a “Driscoll’s claim form” that does not exist is exactly the gap scammers fill:
“Driscoll strawberries lawsuit claim form” sites
There is no claim form because there is no settlement. Sites ranking for that phrase are often lead-generation forms for law firms or data harvesters. A real claim site is named in a court-approved notice.
“Upload your grocery receipts now”
Keeping receipts is sensible; sending them, your loyalty-card login or bank statements to an unknown site is not. No administrator exists yet to receive them.
“Berry contamination refund” texts
These are labeling lawsuits, not a recall, and Canada’s food agency said its inspections did not lead to recalls. A text promising a refund for “contaminated berries” with a payment link is phishing.
Driscoll's Strawberries Lawsuit — Questions People Ask
Is there a Driscoll strawberries lawsuit claim form?
No. As of October 5, 2026, there is no settlement in any of the three U.S. cases or the Quebec case, so there is no claim form, fund or deadline. Check our open settlements list for cases that are actually taking claims.
Why is the Driscoll strawberries lawsuit in the news right now?
A third U.S. case, Farley v. Driscoll’s, was filed in New York federal court on September 24, 2026, and a proposed Quebec class action was reported on October 1, 2026. Earlier coverage was about the two California-based cases filed in June 2026.
Did Driscoll's strawberries break U.S. pesticide limits?
The U.S. complaints do not allege that a U.S. legal limit was exceeded. They allege nondisclosure of fluorinated pesticide residues. The Quebec case is different: it alleges residues above Canadian limits, and Canada’s food agency told CBC it found levels above Canadian limits in inspections between 2022 and 2024.
Are organic Driscoll's strawberries part of the case?
No. All three U.S. complaints expressly cover only conventional strawberries. In the test they rely on, the organic box showed no residues.
Do I have to join the Driscoll strawberries class action?
No. If a class is certified you are included automatically unless you opt out by the deadline in the official notice. Nothing needs to be done now.
How much could I get?
No amount exists. The New York complaint asks for statutory damages, but those are demands, not awards.
Did Driscoll's respond?
Driscoll’s says it is aware of the Quebec filing and disputes those allegations. We have not verified a company response to the U.S. complaints from a primary source.
What should I do now?
Keep any receipts or loyalty-card purchase history for Driscoll’s strawberries, ignore anyone charging a fee to “register,” and check back for a court-approved notice. For the broader picture, see our PFAS lawsuit update.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.