Kraft class action over harmful chemicals in mac and cheese trimmed but can proceed

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Update: 

• An Illinois federal judge trimmed a class action lawsuit filed against The Kraft Heinz Company alleging it allows dangerous toxins in its popular macaroni and cheese products.
• On Jan. 12, U.S. District Judge Rebecca Pallmeyer filed an order stating the plaintiffs could not plausibly prove their allegations that the company includes false statements on the product label. 
• However, the plaintiffs’ allegations of material omission and unjust enrichment can proceed, she said. 
• Lead plaintiffs Gabrielle Stuve and Jessica Nicodemo lodged the nationwide class action lawsuit in Illinois in April 2021, alleging Kraft hides the presence of phthalates, a group of chemicals produced during the boxed macaroni and cheese dinner’s manufacturing. 
• While Kraft’s advertising of the good qualities of its product does not amount to false statement, the lack of advertising about the risk of phthalates in the product could be considered a material omission, Judge Pallmeyer ruled.

(June 10, 2021)

The Kraft Heinz Company is fighting claims it allows dangerous toxins in its popular macaroni and cheese products, contending that Food and Drug Administration (FDA) regulations allow phthalates in food products.  

Lead plaintiffs Gabrielle Stuve and Jessica Nicodemo lodged the nationwide class action lawsuit in Illinois in April. They allege that Kraft hides the presence of phthalates, a group of chemicals produced during the boxed macaroni and cheese dinner’s manufacturing. Allegedly, phthalates have been linked to a number of health issues, including obesity, attention disorders, allergies, and asthma.  

Kraft says in court documents filed Monday that it is not required to disclose the presence of phthalates in its products. The food producer also contends that FDA regulations specifically permit phthalates that occur in its products due to the manufacturing process.  

“At the outset, Plaintiffs’ lawsuit fails because the FDA specifically permits the presence of phthalates in the food supply and has expressly authorized the use of phthalates in food contact applications,” contends Kraft’s motion to dismiss.  

The class action lawsuit should also be dismissed because the amount of phthalates in Kraft macaroni and cheese does not cross the threshold deemed safe by regulators, argues the company.  

“The FDA has also rejected Plaintiffs’ assertion that phthalates are unsafe at any level, and it has made clear that oral exposure to phthalates—such as DEHP, one of the most common phthalates—is safe at levels far higher than those allegedly found in Kraft Macaroni & Cheese.” 

Kraft also disputes the class action lawsuit claims that it deceived consumers about the presence of toxins in its macaroni and cheese products. The company says that marketing statements made on the box, including “NO Artificial Preservatives” and “The Taste You Love,” are not inconsistent with the presence of the chemical.  

“And to the extent Plaintiffs challenge any statements on Kraft Heinz’s website, those claims fail because they do not allege that they relied on—or even visited—that website,” says Kraft’s motion.  

Kraft concludes by asking the court to fully dismiss the class action lawsuit, noting that “while Plaintiffs characterize phthalates as ‘dangerous,’ ‘toxic,’ and ‘harmful to health,’ the FDA has taken the position that trace amounts of phthalates are safe to consume and are not associated with any of the purported risks Plaintiffs claim.” 

The food giant is also facing class action lawsuits alleging Kraft macaroni and cheese products contain toxic chemicals in California and Massachusetts. Similar allegations were also made in a class action lawsuit concerning Annie’s Mac and Cheese and other General Mills products earlier this year. 

Do you eat Kraft macaroni and cheese? Are you concerned about toxins in the product? Tell us what you think in the comment section below! 

The lead plaintiffs are represented by Rebecca Peterson of Lockridge Grindal Nauen PLLP; David George, Brittany Brown and Lori Feldman of George Gesten McDonald PLLC, Janine Pollack of Calcaterra Pollack LLP and Nicholas Lange of Carlson Lynch LLP.  

The Illinois Kraft Toxic Macaroni and Cheese is Gabrielle Stuve et al. v. The Kraft Heinz Co., Case No. 1:21-cv-01845, in the U.S. District Court for the Northern District of Illinois.  

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