Kraft Cheese False Advertisement Class Action Lawsuit Dismissed

A false advertisement class action lawsuit alleging food producer Kraft Food Group Inc. purposefully misleads consumers through a claimed misuse of the word “natural” on its labels was denied on Monday by the presiding California federal judge. The class action lawsuit claims the company falsely advertised its “natural” fat free cheddar cheese product allegedly contained  artificial coloring, thereby invalidating the “natural” label.

On Monday, U.S. District Judge John A. Kronstadt ruled to dismiss the Kraft cheese false advertisement class action lawsuit, stating the plaintiffs needed to present more specific claims to meet pleading standards for allegedly misleading labels. Judge Kronstadt stated, “The complaint as pleaded does not specify which advertisements are at issue. There’s a lack of particularity in the way this has been pleaded … there’s just not enough specificity here.” However, the judge has agreed to allow the plaintiffs two weeks to amend the class action lawsuit and resubmit their false advertisement claims.

The Kraft cheese false advertisement class action lawsuit was filed on May 7 by plaintiffs Claudia Morales and Mocha Gunaratna, both California residents, in Los Angeles Superior Court, though it was removed to federal court month later. Both plaintiffs allege that the Kraft cheese products Kraft Natural Cheese, Kraft Shredded Cheese, and Kraft Cheddar Fat Free Cheese contained artificial coloring, which directly contradicts the “natural” label.

According to the Kraft cheese false advertisement class action lawsuit, artificial coloring can potentially present health concerns for some Kraft consumers, especially children, as artificial coloring reportedly causes hyperactivity or set off an allergic reaction.

The plaintiffs claim that Kraft has violated California false and misleading advertising law and the Consumers Legal Remedies Act. They are seeking monetary damages and are also hoping to establish an injunction against Kraft. The number of possible Class Members in this Kraft class action lawsuit could number in the thousands according to Morales and Gunaratna.

On the same day as Judge Kronstadt’s decision to dismiss the class action lawsuit and allow the plaintiffs to resubmit more specific claims, Kraft’s legal counsel asked the judge to dismiss the false labeling class action lawsuit with prejudice.

Kraft’s lawyers claim that Morales and Gunaratna “don’t allege the package said ‘all natural,’ ‘100 percent natural’ or ‘no artificial ingredients.’ They’re referring to one word on the packing, ‘natural,’ … If the U.S. government is commonly using the term ‘natural cheese,’ we think it’s not deceptive for Kraft to use the term.” Thus, Kraft’s legal representatives suggested that the Kraft cheese false advertising class action lawsuit fails at the pleading stage.

In response, the plaintiff’s legal counsel argued Kraft’s arguments lack merit and that the majority of consumers assume that when a label says, ‘natural’ then they are expecting a natural product as advertised.

The plaintiffs are represented by Paul D. Stevens and Shireen Mohsenzadegan of Milstein Adelman LLP and Ryan J. Clarkson of Clarkson Law Firm.

The Kraft Cheese False Advertisement Class Action Lawsuit is Claudia Morales, et al. v. Kraft Foods Group Inc., Case No. 2:14-cv-04387, in the U.S. District Court for the Central District of California.

UPDATE: On Mar. 16, 2016, the plaintiffs in this class action lawsuit asked a federal judge to make a decision on the case.

UPDATE 2: On May 24, 2016, Kraft Foods asked a California federal judge not to grant partial summary judgment in a false advertising class action lawsuit accusing the food company of including artificial ingredients in its “natural” fat-free cheddar cheese.

UPDATE 3: On May 30, 2016, the plaintiffs argued that Kraft Foods has “flip-flopped” its position on artificial ingredients in their motion for partial summary judgment.

UPDATE 4: On June 13, 2016, a California federal judge tentatively rejected consumers’ bid for class certification in a lawsuit alleging Kraft Foods falsely labeled certain cheese products as “natural,” stating that the case is more complicated that previously thought.

UPDATE 5: On Sept. 5, 2016, the plaintiffs in a Kraft class action lawsuit say Kraft’s motion for summary judgment should be denied now that enough evidence is in the record to show the company may have labeled some of its products deceptively.

UPDATE 6: On Dec. 6, 2016, Kraft lost its renewed motion to stay a consumer class action lawsuit over claims it falsely marketed its shredded fat free cheddar cheese as “natural” when it allegedly contains artificial ingredients, flavor, and coloring.

UPDATE 7: On February 15, 2017, Kraft filed a motion to decertify the class action lawsuit which alleges the company does not use “all natural” ingredients.