Kraft Heinz ordered to face Mac & Cheese lawsuit, judge rules

A federal judge said Kraft Heinz must face a proposed nationwide class action alleging it misled consumers by claiming its Kraft macaroni and cheese, one of its most popular products, does not contain artificial preservatives.

In a ruling Wednesday, U.S. District Judge Mary Rowland said the Illinois, California and New York consumers 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 functioned as preservatives, making Kraft Heinz’s claim of “No Artificial Flavors, Preservatives or Colors” on the label false, and cited academic studies and Food and Drug Administration guidelines. Medicines to support their case.

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

Rowland agreed with Kraft Heinz that the plaintiffs lacked standing to seek new labels because they are now aware of its allegedly deceptive practices and face no risk of future damages.

In seeking the dismissal, Kraft Heinz said it made no factual allegations that it used artificial preservatives in its “iconic” Mac & Cheese, or that reasonable consumers would view its ingredients as artificial.

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

The plaintiffs seek damages for fraud, unjust enrichment and violation of state consumer protection laws.

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

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

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

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