Federal Judge Rules Kraft Heinz Must Stand Trial for Mac & Cheese Labeling Lawsuit
The statement released by Kraft Heinz stated, “We strongly believe that this lawsuit has no merit and look forward to our day in court.”
A federal judge on Nov. 13 ruled that Kraft Heinz must face a proposed nationwide class action lawsuit for allegedly deceiving consumers by falsely labeling its macaroni and cheese as a product with “no artificial preservatives.”
David Hayes, Kamilah Galbreth, and Taylor Ambroisno claim that Kraft Macaroni and Cheese products contain ingredients such as a synthetic form of citric acid, sodium phosphate, and/or sodium triphosphate.
The judge noted that the plaintiffs specifically alleged that these ingredients acted as preservatives, contradicting Kraft Heinz’s claim of “No Artificial Flavors, Preservatives or Dyes” on their labels. They presented academic studies and FDA guidance to support their argument.
Rowland mentioned that the plaintiffs argued, “while citric acid is naturally occurring and can be extracted from fruit, many commercial manufacturers, including Defendants, use a synthetic form that is derived from a type of black mold called Aspergillus niger.”
They are seeking damages for fraud, unjust enrichment, and violations of state consumer protection laws.
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Kraft Heinz stated that there were no factual allegations regarding the use of artificial preservatives. The company also argued that the claims of “common law fraud and unjust enrichment cannot be certified because each class member’s claim will be governed by the law of their own state.”
The judge mentioned, “Defendants may be correct, but that is an issue to be determined in a motion for class certification,”
Rowland ruled that the plaintiffs’ allegations were sufficient to survive a motion to dismiss.
However, the request for injunctive relief by the plaintiffs was denied. The judge agreed with Kraft Heinz that the plaintiffs did not have standing to request new labeling on its products because they were now informed of the alleged deceptive practices and faced no future harm.
On Thursday, Kraft Heinz reiterated that its Mac & Cheese does not contain artificial flavors, preservatives, or dyes.
“We support our product entirely and are proud of its quality,” the company stated. “We strongly believe that this lawsuit has no merit and await our day in court.”
Reuters contributed to this report.
