Victims of a 2013 outbreak of hepatitis A virus (HAV) cases linked to frozen mixed fruit sold at Costco have been cleared for a class action lawsuit that is slated to be heard this October, Food Safety News reports. Health authorities say the outbreak, which was eventually traced back to pomegranate seeds imported from Turkey, ultimately sickened 165 people across 10 states, sending 71 to the hospital.

The class action case, recently approved by a federal judge in California, is now known as Jacob Petersen et al. vs. Costco Wholesale Inc. and further names Townsend Farms Inc., Purely Pomegranate, Fallon Trading Co. Inc. and United Juice Corp. as defendants. Each company is charged with either importing, manufacturing, distributing or selling pomegranate seeds with HAV during the time the health scare went down.

The U.S. Centers for Disease Control and Prevention (CDC) first learned of the hep A outbreak in May 2013, and quickly linked the uptick in new cases to Organic Antioxidant Blend frozen fruit sold at Costco. Soon after, Costco voluntarily removed the product from its shelves and contacted all customers who had purchased the fruit mix to warn them about their potential exposure. The grocery store also offered free HAV vaccinations in the outbreak’s aftermath, and ultimately vaccinated 10,316 customers.

Plaintiffs of the class action case are alleging injuries over $5 million for their exposure to the liver virus after consuming the Townsend Farms product sold at Costco. Their legal team includes Marler Clark, a food safety law firm based in Seattle, which filed a similar HAV lawsuit against McDonald’s in December.