A federal judge on Nov. 13 ordered Kraft Heinz to face a proposed nationwide class action lawsuit over allegedly defrauding consumers by falsely labeling its macaroni and cheese as a product with “no artificial preservatives.”
U.S. District Judge Mary Rowland for the Northern District of Illinois rejected the company’s motion to dismiss the lawsuit brought by consumers from Illinois, California, and New York.
David Hayes, Kamilah Galbreth, and Taylor Ambroisno allege that Kraft Macaroni and Cheese products contain ingredients such as a synthetic form of citric acid, sodium phosphate, and/or sodium triphosphate.
The judge said the plaintiffs specifically alleged that the ingredients functioned as preservatives, making Kraft Heinz’s claim of “No Artificial Flavors, Preservatives or Dyes” on labels false, and cited academic studies and U.S. Food and Drug Administration guidance to support their case.
Rowland said plaintiffs argue that “while citric acid occurs naturally and can be extracted from fruit, many commercial manufacturers, including Defendants, use a synthetic form that is manufactured from a type of black mold called Aspergillus niger.”
They are seeking damages for fraud, unjust enrichment, and violations of state consumer protection laws.
Kraft Heinz said there were no factual allegations that it used artificial preservatives. Kraft Heinz 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 his or her own state.”
The judge said, “Defendants may well be right, but that is an issue to be decided on a motion for class certification,”
Rowland ruled that the plaintiffs’ allegations “are enough to withstand a motion to dismiss.”
However, the plaintiffs’ request for injunctive relief was denied. The judge agreed with Kraft Heinz that the plaintiffs lacked standing to demand new labeling on its products because they are now aware of its alleged deceptive practices and face no risk of future harm.
On Thursday, Kraft Heinz maintained that its Mac & Cheese contains no artificial flavors, preservatives, or dyes.
“We stand fully behind our product and are proud of its quality,” the company said in a statement. “We strongly believe that this lawsuit has no merit and look forward to our day in court.”
Reuters contributed to this report.