Judge dismisses Kraft lawsuit alleging mac and cheese not ready in 3.5 min. as advertised

Update: 

• On July 27, A Florida federal judge dismissed consumer Amanda Ramirez’s class action lawsuit alleging Kraft Heinz Co. misled consumers about how long it takes to prepare a single-serving cup of microwavable Velveeta brand mac and cheese. 
• Ramirez alleged she chose to purchase the microwavable Velveeta mac and cheese because the package says it will be “ready in 3 ½ minutes.” However, she says she was misled because the product takes more than the advertised time to prepare.
• U.S. District Judge Beth Bloom dismissed the lawsuit for lack of standing because Ramirez continued to buy the product after finding out the bowls take longer to prepare than she thought.
• “The allegations demonstrate that the plaintiff continued to pay the alleged price premium knowing that the product was not actually capable of being ready for consumption in three and a half minutes,” Judge Bloom writes. “As such, plaintiff was not deprived of the benefit of her bargain.”

Velveeta mac and cheese class action lawsuit:

• Who: A mac and cheese consumer sued Velveeta.
• Why: The consumer claims it takes longer than the advertised 3.5 minutes to prepare Velveeta’s microwavable mac and cheese.
• Where: The class action lawsuit was filed in the U.S. District Court Southern District of Florida, Miami Division.

(Nov. 22, 2022)

A mac and cheese consumer claims that she and others like her have been misled about how long it will take to prepare a single-serving cup of microwavable Velveeta brand mac and cheese. 

Florida consumer Amanda Ramirez says that she chose to purchase the microwavable Velveeta mac and cheese because the package says it will be “ready in 3 ½ minutes.” However, she says that she was misled because, in reality, the product takes more than 3.5 to prepare.

Ramirez explains that the statement “ready in 3 ½ minutes,” featured on the front of the mac and cheese container, implies that the entire prep time for the food is 3.5minutes. However, the back of the mac and cheese container provides a full list of instructions, according to the Velveeta mac and cheese class action.

The instructions indicate that preparing the mac and cheese takes well over 3.5 minutes to prepare, and that that time only accounts for the minutes the product spends in the microwave, the lawsuit states.

Velveeta class action claims mac and cheese product’s value decreased to false advertising

Ramirez and other consumers “stretch their money as far as possible when buying groceries,” the Velveeta class action states. Ramirez claims she assesses the value of groceries by evaluating the labeling claims. She explains that she was drawn to the Velveeta mac and cheese cups because of their prep time and the convenience of having food ready in only 3.5 minutes. 

The Velveeta mac and cheese class action lawsuit claims the Kraft Heinz Food Company misled and financially injured Ramirez and other people who purchased the product. 

Ramirez alleges she would not have purchased the product if she had known it included false advertising. She says Kraft Heinz gained an unfair advantage over comparable products, going so far as to charge more than other products that are not falsely advertised.

Ramirez seeks to establish two classes of consumers: a class of all Florida consumers who purchased the product within the applicable statutes of limitations and a consumer fraud multistate class of individuals who purchased the product in Alabama, Georgia, North Carolina, South Carolina, Utah, New Mexico, Alaska, Iowa, Tennessee and Virginia.

Do you consider product prep time when purchasing convenience foods?

Ramirez is represented by William Wright of The Wright Law Office PA.

The Kraft Heinz Foods Velveeta mac and cheese class action lawsuit is Amanda Ramirez et al. v. Kraft Heinz Foods Company, Case No. 1:22-cv-23782-BB, in the U.S. District Court Southern District of Florida, Miami Division.

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