TIGER Brands confirms that the attorneys representing its lead reinsurer (QBE Insurance Group Limited) have presented a settlement offer to the plaintiffs’ attorneys as part of a road-map to a possible overall resolution of the listeriosis class action.
The lead reinsurer, having primary conduct of the defence of the class action against Tiger Brands, has with Tiger Brands’ support and agreement authorised the insurers’ attorneys to make settlement offers to specific named persons who are members of the following classes of claimants who suffered damage as a result of listeriosis caused by genotype L1-SL6-ST6-CT4148 of Listeria monocytogenes (ST6):
- Claimants who contracted (or whose mothers contracted) listeriosis caused by ST6;
- Claimants whose legal breadwinners, on whom they were legally dependent, died of listeriosis caused by ST6; and
- Claimants whose legal dependents, who were in their care, and who contracted listeriosis caused by ST6.
The settlement offer, which was made on 25 April 2025, includes an undertaking to pay the claimants’ proven or agreed compensatory damages in terms of section 61 of the Consumer Protection Act 68 of 2008.
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.
In order to protect the privacy of the individuals participating in the settlement offer no details of the offer and/or payments will be made public.
“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.
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.
The next step to give effect to the settlement offer is for the offer to be conveyed by the plaintiffs’ attorneys to those claimants who qualify and then for the damages of those claimants who accept the offer to be quantified.
It is expected that the process to present the offer to these qualifying claimants will take several weeks, and that arrangements to quantify their damages will follow over the ensuing 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.
Only if Tiger Brands is found to be liable will the issue of causation arise, in the second stage of the class action, as well as an assessment of compensation payable to qualifying claimants for damages suffered.
As previously stated, Tiger Brands has adequate product liability insurance cover for a group of its size.
