‘Barron’s Roundtable’ co-editor Andrew Bary discusses demand in the food industry.
A judge has denied Kraft Heinz’s efforts to dismiss a proposed nationwide class action lawsuit over allegations that its products, advertised as preservative-free, contain ingredients that contradict their labels.
On Wednesday, Judge Mary M. Rowland ruled that the company must face a lawsuit filed by consumers in Illinois, California and New York. The consumers leading the lawsuit “substantially alleged” that Kraft Mac & Cheese products contained artificial citric acid and sodium phosphates even though they were “advertised as ‘no artificial preservatives’,” Rowland said in court papers.
Consumers also alleged that the company “misleads reasonable consumers into believing that the products do not contain any environmental preservatives,” court documents state.
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Boxes of Kraft Macaroni & Cheese are seen on display at the Ideal Food Basket on November 8, 2021, in the Flatbush neighborhood of Brooklyn in New York City. (Michael M. Santiago/Getty Images/Getty Images)
Specifically, consumers suspect that “that citric acid sodium phosphates act as preservatives.” They cited “scholarly articles that explain both the role of additives in food preservation,” and guidance from the Food and Drug Administration that “describes citric acid as a preservative,” to argue their case.
“These allegations are sufficient to withstand the motion to dismiss,” the judge wrote.
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Kraft tried to get the lawsuit dismissed, saying there was no evidence it used artificial preservatives in its Mac & Cheese products. It also pointed out that most consumers would consider its ingredients to be artificial.
Kraft’s Macaroni & Cheese in Washington on April 21, 2015. (NICHOLAS KAMM/AFP via Getty Images / Getty Images)
Kraft Heinz is representing its labels, telling FOX Business in a statement Friday that the company’s Kraft Macaroni & Cheese “contains no artificial flavors, preservatives, or dyes.”
“We stand fully behind our product and are proud of its quality. We firmly believe that this case has no merit and we look forward to our day in court,” the company said.
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The judge ruled that consumers will not demand new labels because they now know about Kraft’s allegedly deceptive practices and are no longer at risk.
“The plaintiffs here are well aware of the actions of the defendants who are said to be deceptive, so it cannot be said that they are in danger of being harmed in the future because of the actions of the defendants who are said to be deceptive,” continued the judge.
Reuters contributed to this report.
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