Kraft Heinz to Face Class Action Over Mac & Cheese Label Claims

A federal judge has ruled that Kraft Heinz must contend with a proposed nationwide class-action lawsuit alleging it misled consumers by stating its Kraft Macaroni & Cheese contains “no artificial preservatives.”

U.S. District Judge Mary Rowland, based in Chicago, ruled on Wednesday that the lawsuit, led by consumers from Illinois, California, and New York, could proceed. The plaintiffs argue that the product contains synthetic citric acid and sodium phosphates, which they claim to function as artificial preservatives, despite Kraft Heinz’s labelling.

Judge Rowland cited academic studies and U.S. Food and Drug Administration guidance in her decision, concluding that the allegations provided enough evidence to survive Kraft Heinz’s motion to dismiss.

“These allegations are enough to withstand a motion to dismiss,” she stated in her ruling.

However, Rowland dismissed the plaintiffs’ demand for new labels, reasoning that they now know about the alleged misrepresentation and are not at risk of future harm.

Kraft Heinz, which referred to its macaroni and cheese as “iconic,” had argued that no evidence supported claims of artificial preservatives in the product or that a reasonable consumer would consider its ingredients artificial.

The lawsuit seeks damages for fraud, unjust enrichment, and violations of state consumer protection laws. Similar lawsuits have challenged the accuracy of food labelling, highlighting a growing trend in consumer scrutiny.

In a related case in 2023, a Miami judge dismissed a lawsuit accusing Kraft Heinz of understating the preparation time for its Velveeta microwaveable macaroni and cheese.

Kraft Heinz, headquartered in Chicago and Pittsburgh, has not issued a comment on the current lawsuit. The plaintiffs’ legal team has also remained silent.

The case, Hayes et al v. Kraft Heinz Co, is being heard in the U.S. District Court for the Northern District of Illinois under case number 23-16596.