Tiger Brands begins settlement process for historic Listeriosis food safety crisis

SOUTH AFRICA – South Africa’s largest food producer, Tiger Brands, has presented a confidential settlement offer to compensate listeriosis victims, marking a major step toward resolving the class action stemming from the 2017 outbreak. 

The outbreak, which killed nearly 200 people and sickened more than 1,000, remains the largest and deadliest listeria outbreak ever recorded.

The National Institute of Communicable Diseases (NICD) traced its source to contaminated ‘polony’ produced at Enterprise Foods’ factory in Polokwane, which was owned by Tiger Brands at the time.

In response, the company, through its lead reinsurer QBE Insurance Group, presented the settlement offer to the claimants’ legal representatives, Richard Spoor Inc. and LHL Attorneys, on April 25, 2025, which Tiger Brands confirmed on May 12, 2025.

The offer targets specific classes of claimants who suffered harm as a result of the outbreak, which was caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6).

They include claimants who contracted (or whose mothers contracted) listeriosis caused by ST6, claimants whose legal breadwinners, on whom they were legally dependent, died, and those whose legal dependents, who were in their care, contracted listeriosis caused by the specific strain.

The current proposal provides for full compensation to claimants for all proven damages, subject to a settlement mechanism that still needs to be finalised, including how individual damages will be assessed.

In order to protect the privacy of the individuals participating in the settlement offer, the company will not publicize details of the offer and/or payment.

The offer is subject to certain conditions and has been made without admission of liability and in full and final settlement of the claims of the claimants.

“Today’s announcement represents an important milestone and follows shortly on measures already taken in February 2025 to offer interim relief in the form of advance payments to identified claimants with urgent medical needs. It also demonstrates our commitment to continue to work closely with our insurers and their appointed attorneys to explore a resolution of the entire class action,” said Tjaart Kruger, Chief Executive Officer, Tiger Brands.

In a statement, the law firm welcomed Tiger Brands’ effective admission of liability for the world’s deadliest listeriosis outbreak, additionally commending its shareholders and insurers for agreeing to compensate victims.

“This reflects a positive move towards corporate accountability, responsible citizenship and justice for victims,” the firm said.

Steps toward settlement implementation

Tiger and the insurers’ attorneys are engaging with the plaintiffs’ attorneys to ensure timely implementation of the offer and settlement of proven or agreed compensatory damages as soon as possible.

However, according to the law firm, many of the victims are yet to come forward and as a result remain unidentifiable.

Nevertheless, additional support is being offered to help streamline the process. “The Minister of Health, Dr Aaron Motsoaledi, has shown his full commitment to assisting with providing Department of Health records to help confirm and trace victims,” the firm mentioned.

To give effect to the settlement offer, the plaintiffs’ attorneys will first convey the offer to those claimants who qualify, then the damages of those claimants who accept the offer will be quantified. This entire process is expected to take several weeks.

The class action, which is being managed in two stages, is still at the first stage, during which liability is to be determined by the Court. 

The issue of causation and the assessment of compensation for eligible claimants will only be considered in the second stage of the class action if Tiger Brands is found liable.

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