Kraft Heinz Class Action Claims Company Conceals Artificial Flavors in Peach Mango MiO

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Kraft Heinz MiO Mislabeling Class Action Lawsuit Overview:

• Why: The plaintiff argues that the company violates several federal and state laws by labeling its peach mango MiO product as having natural flavors when it is predominantly artificially flavored.
• Who: A consumer filed a class action lawsuit against Kraft Heinz.
• Where: The class action lawsuit was filed in New York federal court.

Kraft Heinz is facing a class action lawsuit for allegedly mislabeling its peach mango-flavored MiO product by advertising natural flavors and concealing its artificial flavoring. 

Peter Hoffman, who filed the class action lawsuit, argues that Kraft Heinz’s promise of only natural flavoring appeals to the more than seven out of ten consumers who avoid artificial flavors. Hoffman himself bought the liquid concentrate beverage flavoring in question on several occasions between October and November 2021.

Hoffman says in the complaint that he “did not expect that a product would promise only natural flavoring yet contain more artificial flavoring than natural flavoring.” “Laboratory analysis concluded” that the peach mango MiO contains dl-malic acid, a synthetic chemical manufactured from petroleum, according to court documents. 

Hoffman brings claims of breach of contract, breach of warranty, negligent misrepresentation, fraud, unjust enrichment and violation of consumer protection laws against Kraft Heinz. 

Kraft Heinz Cuts Corners With MiO Ingredients, Complaint Says

The complaint cites federal and state laws that require foods to disclose the source of its flavor. If the main flavors are from artificial sources, the front label is required to prominently state “Artificially Flavored,” according to court documents. 

This is where Kraft Heinz allegedly fails with its peach mango MiO product. The second most predominant ingredient, ahead of “natural flavor,” in the ingredients list is “malic acid.” Malic acid can indicate l-malic acid, a naturally occurring compound, or d-malic acid, an artificial compound, according to the complaint. Only through laboratory tests was Hoffman able to identify that Kraft Heinz used dl-malic acid, surmising that the company did so because it was “lower-priced and/or more accurately resembled natural peach and natural mango flavor” than the natural l-malic acid. 

“Consumers are unable to learn the malic acid listed in the ingredients is the artificial version without a chemistry kit,” the complaint states. Thus, consumers are misled by trusting in Kraft Heinz’s representation of the product’s flavoring. 

Hoffman proposes a New York class that includes anyone in the state of New York who purchased the product during the statutes of limitations for each cause of action alleged and a consumer fraud multistate class that includes all persons in the states of Virginia and Oklahoma who purchased the product during the statutes of limitations for each cause of action alleged.

Hoffman seeks injunctive relief directing Kraft Heinz to correct its practices to comply with the law, restitution and disgorgement for members of the class, monetary damages, statutory and/or punitive damages and reasonable attorneys’ and experts’ costs. 

Have you trusted in Kraft Heinz’s representation of its products’ flavoring? You may be eligible for this class!

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. and Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC.

The Kraft Heinz MiO Mislabeling Class Action Lawsuit is Hoffman v. Kraft Heinz Foods Company, Case No. 7:22-cv-00397, in the U.S. District Court for the Southern District of New York.

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