Velveeta class action alleges product made with mostly noncheese ingredients despite advertising

Velveeta class action lawsuit overview:

• Who: Plaintiff Martin Sisca filed a class action lawsuit against Kraft Heinz Foods Co.
• Why: Sisca alleges Kraft prominently labels its Velveeta Shells & Cheese product as “Made with Real Cheese” even though cheese is not a predominant ingredient in the cheese sauce.
• Where: The Velveeta ingredients class action lawsuit was filed in New York federal court. 

Kraft Heinz Foods Co. deceptively labels its Velveeta Shells & Cheese product as “made with real cheese” even though cheese is not a predominant ingredient in the cheese sauce, a class action lawsuit alleges.

Plaintiff Martin Sisca claims consumers increasingly seek healthier food options, including products made with real ingredients instead of highly processed foods. Consumer demand for cheese has also grown significantly, in part because many consumers believe cheese is a healthy and nutritious food, according to the lawsuit.

Kraft capitalizes on the growing demand for real ingredients and labels its Velveeta Shells & Cheese product as “made with real cheese” along with a picture of macaroni shells seemingly covered in cheese, the class action lawsuit says.

However, the Velveeta ingredients list whey and canola oil as the primary ingredients in the cheese sauce. Cheddar cheese is listed as the third ingredient, the lawsuit alleges.

Velveeta class action says Kraft deceives consumers about cheese content

Kraft failed to truthfully disclose Velveeta Shells & Cheese contains a minimal amount of cheese despite being legally required to do so, according to the class action lawsuit. The company deceptively implies the non-macaroni Velveeta ingredients are predominantly real cheese when they primarily include the less-valued ingredients whey and canola oil.

“By adding whey and canola oil, purchasers get a smaller amount of real cheese ingredients than what is promised or implied by the front label,” the Velveeta class action lawsuit asserts.

Consumers expect product labels to be accurate and not misleading, the class action alleges. Therefore, Sisca and other consumers relied on the label and allegedly paid more for the product than they would have if the non-cheese Velveeta ingredients had been properly disclosed, it alleges.

Kraft intends for consumers to rely on the deceptive label, according to the class action. Sisca claims this deceptive labeling violates sections of New York General Business Law and the New York Agriculture & Markets Law.

Sisca filed the Velveeta class action lawsuit on behalf of himself and a proposed class of individuals in New York who purchased Velveeta Shells & Cheese labeled as being made with real cheese in New York.

Last year, a Florida federal judge dismissed a class action lawsuit that alleged Kraft misled consumers about how long it takes to prepare a single serving cup of microwavable Velveeta mac and cheese.

Do you think Kraft misleads consumers about Velveeta ingredients? Tell us your thoughts in the comments.

Sisca is represented by Spencer Sheehan of Sheehan & Associates PC.

The Velveeta ingredients class action lawsuit is Martin Sisca v. Kraft Heinz Foods Co., Case No. 2:24-cv-00813, in the U.S District Court for the Eastern District of New York, Central Islip.

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