Kraft Attempting ‘Re-Write’ in Natural Cheese Class Action

Plaintiffs in a Kraft Natural Cheese class action lawsuit argue that the cheese maker has “flip-flopped” its position on artificial ingredients in their motion for partial summary judgment.

Lead plaintiffs Claudia Morales and Mocha Gunaratna, filed the class action lawsuit in May 2014, alleging the company’s “Kraft Natural Cheese – Shredded Cheese – Cheddar Fat-Free” product contains artificial food coloring.

In September of 2014, Kraft argued that the claims in the class action lawsuit were not specific enough and the case was dismissed.

However, the plaintiffs were allowed to amend their complaint and, in March of this year, Kraft asked a federal judge to hold off making a decision in the case until decisions on the term “natural” were made by the Food and Drug Administration (FDA) and Ninth Circuit.

In their class action, the plaintiffs allege that the artificial ingredients found in the cheese allegedly cause health concerns for some Kraft consumers, especially children, as artificial coloring reportedly causes hyperactivity or sets off an allergic reaction.

The plaintiffs recently asked the court to fast track a decision in the case. Also, in their most recent motion for partial summary judgment on the matter, the plaintiffs contended that Kraft is attempting to “re-write” the ingredient list on its fat-free cheddar cheese and remove “artificial color.”

“Kraft has ‘flip-flopped’ and now incredibly claims the Product does not contain artificial color (even though Kraft lists artificial color on the ingredient line and previously admitted the Product contains artificial color in written discovery and internal documents),” the plaintiffs say in their motion for partial summary judgment of the class action.

The plaintiffs allege that Kraft violated California’s False Advertising Law and the Unfair Competition Law by including coloring that made the white cheese orange, but labeling the product as “natural.”

Kraft argued that the court should use the industry’s definition of “natural” and that, in the cheese making world, natural cheese is understood to be cheese made directly from from cow’s milk, as opposed to processed cheese that is made from a mixture of cheese, butter, salt and other ingredients.

The plaintiffs argue in their most recent motion that “natural” shouldn’t be defined by the industry, but by consumers and the FDA. The plaintiffs point out that according to the FDA, lemonade mixed with beet juice to make it pink cannot be called natural even though both ingredients may be natural. The FDA, argue the plaintiffs, still prohibits artificial ingredients in foods labeled as “natural” regardless of recent clarifications to the regulations.

“Kraft’s ‘natural cheese’ could include insects, pond scum, or human blood and still be truthfully advertised as ‘natural cheese,’” contend the plaintiffs. “Obviously, Kraft’s argument is flawed — both logically and legally.”

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 Advertising 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 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 2: 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 3: 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 4: On February 15, 2017, Kraft filed a motion to decertify the class action lawsuit which alleges the company does not use “all natural” ingredients.