A federal judge refused a motion by Kraft Heinz to dismiss a class-action lawsuit against it, which accuses the food giant of lying about its Mac & Cheese claims of no artificial preservatives in its ingredients label. U.S. District Judge Mary Rowland ruled on Wednesday, Nov. 13, that the plaintiffs made a reasonable allegation that Kraft Mac & Cheese contains a synthetic form of citric acid and also has sodium phosphates.
Rowland noted that synthetic citric acid is different from the natural variety.
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The lawsuit specifically alleged the ingredients were used as preservatives, which makes Kraft Heinz’s claim of “no artificial flavors, preservatives, or dyes” on its label false.
The plaintiffs reportedly used scholarly studies and U.S. Food and Drug Administration (FDA) guidance to back up their claims.
However, Kraft Heinz contends that the allegations are untrue, and its ingredients do not artificial preservatives. In a statement to Fox Business the company said the lawsuit has “no merit” and that it stood by its ingredients listed on the label.
The plaintiffs in the class-action lawsuit are seeking damages for fraud, violations of consumer protection laws, and unjust enrichment. It’s one of many legal challenges alleging deceptive food labels.
Swiss-based chocolate company Lindt is also facing a class-action lawsuit. The lawsuit alleged that Lindt’s dark chocolate bars of the 70% and 85% cocoa varieties contain “significant amounts” of lead and cadmium.
The plaintiffs cite a 2022 Consumer Reports study that shows higher levels of heavy metals in 23 out of 28 chocolate bars it tested compared to various brands of candy, including Lindt.
The plaintiffs argued that the claims by the chocolatier of its “expertly crafted” chocolate made with the “finest ingredients” caused them to believe that the products were free of such metals.
Lindt acknowledged that the phrases are not meant to be guarantees. The company said the phrases are promotional in nature and the presence of such metals is “unavoidable” in the chocolate-making process.
In September 2024, Lindt attempted to have the class-action lawsuit dismissed. However, a judge ruled against it, allowing the lawsuit to proceed in the courts.
