Nov 14 (Reuters) - A federal judge said Kraft Heinz ( KHC )
must face a proposed nationwide class action alleging
that it defrauded consumers by claiming its Kraft macaroni and
cheese, one of its best-known products, contains no artificial
preservatives.
In a decision on Wednesday, U.S. District Judge Mary Rowland
said the Illinois, California and New York consumers leading 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 ( KHC ) 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.
"These allegations are enough to withstand a motion to
dismiss," she wrote.
Rowland agreed with Kraft Heinz ( KHC ) that the plaintiffs lacked
standing to demand new labels because they are now aware of its
alleged deceptive practices and face no risk of future harm.
In seeking a dismissal, Kraft Heinz ( KHC ) said there were 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 ( KHC ) maintained on Thursday 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. "We strongly believe that this
lawsuit has no merit and look forward to our day in court."
Lawyers for the plaintiffs did not immediately respond to
requests for comment.
The plaintiffs are seeking damages for fraud, unjust
enrichment, and violations 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 ( KHC ) of understating how long it took to prepare
microwaveable Velveeta macaroni and cheese.
Kraft Heinz ( KHC ) is based in Chicago and Pittsburgh. Berkshire
Hathaway ( BRK/A ) owns 26.9% of its stock.
The case is Hayes et al v. Kraft Heinz Co ( KHC ), U.S. District
Court, Northern District of Illinois, No. 23-16596.
(Reporting by Jonathan Stempel in New York; Editing by Rod
Nickel and Muralikumar Anantharaman)