A federal judge has filed a nationwide class action lawsuit alleging that Kraft Heinz deceived consumers by claiming that one of its most famous products, Kraft Macaroni & Cheese, contained no artificial preservatives. He said he had to wake up.
In a ruling Wednesday, U.S. District Judge Mary Rowland ruled that the consumers in Illinois, California and New York who led the lawsuit found that Kraft mac & cheese contains a synthetic form of citric acid that is different from the natural variety. and plausibly claimed that it also contained sodium phosphate.
The Chicago-based judge said the plaintiffs specifically found that Kraft Heinz's claims that the ingredients act as preservatives and that they were “free from artificial flavors, preservatives, or colors” on the label were false. and cited academic research and Food and Drug Administration guidance to support its lawsuit.
“These allegations are sufficient to survive a motion to dismiss,” she wrote.
Mr. Rowland agrees with Mr. Kraft Heinz that the plaintiffs are not entitled to claim a new label because they are aware of their alleged deceptive conduct and do not face any risk of future harm. I agreed with that view.
In seeking dismissal, Kraft Heinz said there was no factual allegation that it used artificial preservatives in its “iconic” mac & cheese, and that a reasonable consumer would know that the ingredients were artificial. He said he would consider it to be.
Kraft Heinz and its attorneys did not immediately respond to requests for comment Thursday. Lawyers for the plaintiffs did not immediately respond to a similar request.
The plaintiffs seek damages for fraud, unjust enrichment and violations of state consumer protection laws.
Their lawsuit is one of many challenging the accuracy and accuracy of food labels.
In July 2023, a federal judge in Miami dismissed a lawsuit accusing Kraft Heinz of underestimating the cooking time of its microwaveable Velveeta macaroni and cheese.
Kraft Heinz has locations in Chicago and Pittsburgh. Berkshire Hathaway owns 26.9% of the stock.
The case is Hayes et al. v. Kraft Heinz Co., U.S. District Court, Northern District of Illinois, No. 23-16596.
