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Judge rules Kraft Heinz must face lawsuit for misleading customers


Robert Besser
19 Nov 2024

CHICAGO, Illinois: A federal judge has ruled that Kraft Heinz must face a proposed class-action lawsuit alleging the company misled consumers about its Kraft Mac & Cheese product.

The suit claims the popular macaroni and cheese contains artificial preservatives despite its labeling stating it has "No Artificial Flavors, Preservatives or Dyes."

U.S. District Judge Mary Rowland in Chicago said the plaintiffs plausibly argued that Kraft Mac & Cheese includes synthetic citric acid and sodium phosphates, which function as preservatives. The plaintiffs, representing Illinois, California, and New York consumers, cited academic studies and U.S. Food and Drug Administration guidance to support their claim.

"These allegations are enough to withstand a motion to dismiss," Rowland wrote in her decision.

While the judge allowed the case to move forward, she agreed with Kraft Heinz that the plaintiffs could not demand new labeling because they are now aware of the alleged deception and face no risk of future harm.

Kraft Heinz had sought to dismiss the case, arguing that its product does not contain artificial preservatives and that no reasonable consumer would perceive the ingredients as artificial.

On Thursday, the company reiterated its position, stating, "We stand fully behind our product and are proud of its quality. We strongly believe that this lawsuit has no merit and look forward to our day in court."

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

This lawsuit is part of a broader trend challenging the accuracy of food labeling. Similar cases include a 2023 lawsuit dismissed in Miami that accused Kraft Heinz of misrepresenting preparation times for its microwaveable Velveeta macaroni and cheese.

Kraft Heinz, headquartered in Chicago and Pittsburgh, is partially owned by Berkshire Hathaway, which holds a 26.9 percent stake in the company.

The case, Hayes et al v. Kraft Heinz Co., is being heard in the U.S. District Court for the Northern District of Illinois.

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