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Kraft Heinz should sue over Mac & Cheese labels: Judge
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Kraft Heinz should sue over Mac & Cheese labels: Judge

The judge denied Kraft Heinz Efforts to dismiss a proposed nationwide class action lawsuit over allegations that its products marketed as preservative-free contain ingredients that conflict with their labels.

On Wednesday, Judge Mary M. Rowland ruled that the company must face the lawsuit filed by consumers in Illinois, California and New York. Rowland said in court documents that the consumers who filed the lawsuit “adequately claimed” that Kraft Mac & Cheese products contained a synthetic form of citric acid and sodium phosphate, but that they were “advertised as ‘free of artificial preservatives.'”

In court documents, consumers also alleged that the company “misled reasonable consumers into believing that the products did not contain preservatives.”

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Kraft

Kraft Macaroni and Cheese Boxes are on display at Ideal Food Basket in the Flatbush neighborhood of New York City’s Brooklyn borough on November 8, 2021. (Michael M. Santiago/Getty Images/Getty Images)

Consumers specifically claimed that “citric acid sodium phosphates act as a preservative.” They quoted”Scientific articles describing both Ingredients‘role in food preservation’ as well as to defend the claim of the Food and Drug Administration’s guidance “identifying citric acid as a preservative.”

“These allegations are sufficient to sustain a motion to dismiss,” the judge wrote.

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Kraft tried to ensure that the case is dismissed, He argued that there was no evidence that Mac & Cheese used artificial preservatives in its products. He also argued that most consumers think his ingredients are artificial.

Kraft’s Macaroni and Cheese in Washington on April 21, 2015. (NICHOLAS KAMM/AFP via Getty Images / Getty Images)

Kraft Heinz stands behind its labels, telling FOX Business in a statement Friday that the company’s Kraft Macaroni and Cheese “contains no artificial flavors, preservatives or dyes.”

“We fully stand behind our product and are proud of its quality. We believe there is no merit to this case and look forward to our day in court,” the company said.

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The judge ruled that consumers could no longer request new labels because they were aware of Kraft’s alleged deceptive practices and were no longer at risk.

“Plaintiffs here are clearly aware of the Defendants’ alleged deceptive practices, so they cannot be said to be at risk of future harm from the Defendants’ alleged deceptive practices,” the judge continued. continued the judge.

Reuters contributed to this report.