A federal judge has ruled that Kraft Heinz must face a proposed nationwide class action lawsuit accusing the company of defrauding consumers by falsely claiming that its Kraft macaroni and cheese contains no artificial preservatives. The lawsuit was brought by consumers in Illinois, California, and New York who alleged that Kraft Mac & Cheese contained a synthetic form of citric acid and sodium phosphates, both of which functioned as preservatives, making the claim of “No Artificial Flavors, Preservatives or Dyes” misleading. The judge found that the plaintiffs provided enough evidence to support their case, including academic studies and FDA guidance.
While Judge Rowland agreed with Kraft Heinz that the plaintiffs lacked standing to demand new labels due to being aware of the alleged deceptive practices and facing no future harm, she determined that the allegations against the company were enough to withstand a motion to dismiss. Kraft Heinz tried to argue that there were no factual allegations of using artificial preservatives in its iconic Mac & Cheese and that reasonable consumers would not view its ingredients as artificial. However, the judge found that the plaintiffs’ claims were credible enough to move forward with the lawsuit.
Kraft Heinz and its lawyers have not yet responded to requests for comment on the ruling. The plaintiffs in the lawsuit, seeking damages for fraud, unjust enrichment, and violations of state consumer protection laws, have also not issued a statement on the judge’s decision. This case is one of several challenging the accuracy of food labels by major food companies, raising concerns about the transparency and honesty of product claims in the industry.
In a similar lawsuit in July 2023, a Miami federal judge dismissed a case accusing Kraft Heinz of understating the preparation time for microwaveable Velveeta macaroni and cheese. Kraft Heinz, based in Chicago and Pittsburgh, is majority-owned by Berkshire Hathaway, which holds 26.9% of its stock. The current case, titled Hayes et al v. Kraft Heinz Co, is being heard in the U.S. District Court for the Northern District of Illinois with case number 23-16596. This ongoing legal battle highlights the importance of truth in advertising and the consequences of misleading consumers with false product claims.
