The food poisoning cases linked to tara flour in 2022 involved two major meal-kit companies: Daily Harvest and Revive Superfoods. Both companies sourced tara flour, a high-protein flour derived from the seeds of the Peruvian tara tree, from the same supplier, which led to widespread illnesses among their consumers. Daily Harvest’s “French Lentil + Leek Crumbles” and Revive Superfoods’ “Mango & Pineapple Smoothie” were recalled after consumers began reporting severe gastrointestinal issues and, in some cases, liver damage and gallbladder removal. These adverse effects were reported by hundreds of people, with more than 130 hospitalizations from the Daily Harvest product alone.
The FDA and the Minnesota Department of Agriculture led investigations to determine the source of the illnesses. While traditional foodborne pathogens, allergens, and toxic metals were ruled out, emerging research identified the presence of baikiain, a non-protein amino acid in tara flour, as a likely cause of the symptoms. Baikiain was linked to liver toxicity and metabolic stress in animal studies, and similar effects were noted in people who consumed the affected products. This toxicological link led researchers to hypothesize that baikiain or its metabolite could deplete essential liver enzymes, causing damage in a dose-dependent manner or in people with specific genetic vulnerabilities.
Investigations also revealed gaps in regulatory oversight for novel food ingredients like tara flour. Although the ingredient is considered “natural,” it had not undergone thorough safety assessments for human consumption before being used by Daily Harvest and Revive Superfoods. Consequently, Health Canada categorized tara flour as a “novel food” after the outbreak and issued warnings against its use in unapproved products
A Number of Daily Harvest and Revive Superfood Lawsuits Were Filed: The Parties Remain in Active Litigation
Numerous lawsuits were filed against both Daily Harvest and Revive Superfoods following reports of severe health issues linked to their products containing tara flour. Daily Harvest faced multiple lawsuits from customers who consumed their “French Lentil + Leek Crumbles,” which led to hundreds of reported cases of gastrointestinal distress and liver damage, with some individuals requiring gallbladder removal. Attorney Ron Simon, representing dozens of Daily Harvest Victims, was one of the attorneys who pursued legal actions against Daily Harvest, along with its manufacturer Stone Gate Foods and ingredient supplier Smirk’s, alleging negligence and seeking compensation for medical expenses that, in many cases, were substantial.
Similarly, Revive Superfoods, whose “Mango & Pineapple Smoothies” also contained tara flour, faced lawsuits after customers experienced liver-related symptoms, including elevated liver enzymes and severe abdominal pain. A suit was filed in the Eastern District of New York by a customer hospitalized multiple times after consuming the smoothie. Both Daily Harvest and Revive Superfoods have since recalled their respective products and ceased using tara flour, while investigations and litigation are ongoing to address the full scope of the health impacts and accountability of these companies and suppliers.
The ongoing lawsuits highlight issues with the safety assessment of tara flour, which had been largely untested for human consumption in the quantities used in these products. The ingredient’s potential to cause liver damage has since been scrutinized, particularly given its recent categorization as a “novel food” in Canada, with new cautionary guidelines to prevent its unregulated use in consumer products.
The litigation, according to Ron Simon, is “ongoing.”
