Kraft mac & cheese class action over artificial preservatives to move forward

Kraft class action lawsuit overview: 

• Who: An Illinois federal judge declined to dismiss a class action lawsuit filed against The Kraft Heinz Co. and Kraft Heinz Ingredients Corp. over claims the company falsely marketed a variety of its Kraft macaroni and cheese products as containing no artificial flavors, preservatives or dyes.
• Why: The judge disagreed with Kraft’s argument that the citric acid in the mac & cheese products was natural and that consumers lacked support for their claims that the products contained artificial citric acid. 
• Where: The Kraft class action lawsuit was filed in Illinois federal court.

An Illinois federal judge declined to throw out a class action lawsuit filed against The Kraft Heinz Co. and Kraft Heinz Ingredients Corp. over claims the company falsely marketed a variety of macaroni and cheese products as free of artificial flavors, preservatives and dyes. 

The trio of consumers behind the class action lawsuit argue the Kraft macaroni and cheese products contain artificial preservatives in the form of citric acid, sodium phosphate and/or sodium triphosphate. 

In a memorandum opinion and order against Kraft’s motion to dismiss, Judge Mary Rowland disagreed with the company’s argument that the citric acid in the macaroni and cheese products is natural. 

Kraft also unsuccessfully argued that the consumers lacked support for their claims that the products contained artificial citric acid. 

“The court believes that plaintiffs here have drawn a sufficient connection between the industry practice of using artificial citric acid and defendants’ practices,” Judge Rowland writes. 

Judge sides with consumers in sodium phosphate-related claims

Judge Rowland similarly sided with the consumers in their claims involving sodium phosphate, ruling they did not have to allege it is impossible for sodium phosphates to exist as minerals in nature. 

“(The consumers) are only required to state a plausible claim that the sodium phosphates used in defendants’ products are artificial preservatives,” the judge writes. 

The class action lawsuit claims Kraft is guilty of common law fraud and unjust enrichment and violating the Illinois Consumer Fraud and Deceptive Practices Act, California’s Consumer Legal Remedies Act and Unfair Competition Law and New York General Business Law. 

A consumer filed a similar class action lawsuit against Kraft in May over claims the company falsely labeled its macaroni and cheese products as free from artificial flavors, preservatives and dyes despite containing citric acid. 

Have you purchased Kraft mac & cheese products? Let us know in the comments.

The plaintiffs are represented by Todd Friedman and Steven Perry of Law Offices of Todd M. Friedman PC and Michael Houchin and Craig Straub of Crosner Legal PC.

The Kraft class action lawsuit is Hayes, et al. v. The Kraft Heinz Co., et al., Case No. 1:23-cv-16596, in the U.S. District Court for the Northern District of Illinois.

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