Kraft Heinz must face a Mac & Cheese lawsuit, judge rules

By Jonathan Stempel

(Reuters) – A federal judge has said Kraft Heinz should face a proposed nationwide class action alleging it deceived consumers by claiming its Kraft macaroni and cheese, one of its best-known products, contained no artificial preservatives .

In a ruling Wednesday, U.S. District Judge Mary Rowland said the consumers from Illinois, California and New York who led the lawsuit plausibly alleged that Kraft Mac & Cheese contained a synthetic form of citric acid that differed from the natural variety and also contained sodium phosphates .

The Chicago-based judge said the plaintiffs specifically alleged that the ingredients acted as preservatives, making Kraft Heinz’s claim that there were no artificial flavors, preservatives or colorings on the labels false, and cited academic studies and guidelines from the Food and Drug Administration. and Drug Administration to support their case. .

“These allegations are sufficient to withstand a motion to dismiss,” she wrote.

Rowland agreed with Kraft Heinz that the plaintiffs had no standing to seek new labels because they are now aware of the alleged deceptive practices and are not at risk of future harm.

In its motion to dismiss, Kraft Heinz said there were no factual allegations that it used artificial preservatives in its “iconic” Mac & Cheese, or that reasonable consumers would consider its ingredients to be artificial.

Kraft Heinz and its lawyers did not immediately respond to requests for comment Thursday. Attorneys for the plaintiffs did not immediately respond to similar requests.

The plaintiffs are seeking damages for fraud, unjust enrichment and violations of state consumer protection law.

Their lawsuit is one of many challenging the accuracy and precision of food labels.

In July 2023, a federal judge in Miami dismissed a lawsuit accusing Kraft Heinz of underestimating how long it took to microwave Velveeta macaroni and cheese.

Kraft Heinz is based in Chicago and Pittsburgh. Berkshire Hathaway owns 26.9% of the shares.

The case is Hayes et al v. Kraft Heinz Co, US District Court, Northern District of Illinois, No. 23-16596.

(Reporting by Jonathan Stempel in New York; Editing by Rod Nickel)