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Federal judge allows lawsuit against Kraft Heinz over macaroni and cheese
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Federal judge allows lawsuit against Kraft Heinz over macaroni and cheese

Kraft Macaroni and Cheese, a favorite lunch of many young children, may be in trouble.

On Nov. 13, a federal judge said Kraft Heinz should file a class-action lawsuit against the company over false claims about its macaroni and cheese ingredients.

Kraft Heinz advertises that its macaroni and cheese contains no artificial preservatives. Still, U.S. District Judge Mary Rowland, who is presiding over the case, said Illinois, California and New York consumers have a reasonable claim against the food company.

According to official court documents obtained, the macaroni and cheese contains “citric acid, sodium phosphate and/or sodium triphosphate.” Justia US Law. “Sodium phosphates are produced by a variety of synthetic processes, including acid-base reactions between phosphoric acid and sodium carbonate.”

The Chicago-based judge said the plaintiffs argued that ingredients specifically listed as preservatives make false the companies’ claim that they “contain no artificial flavors, preservatives or dyes” and cited academic studies and the U.S. Food and Drug Administration to support their case.

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

Rowland agreed with Kraft Heinz that the plaintiffs were aware of the alleged deceptive practices and did not have standing to seek new labels because they did not face any risk of future harm.

In an effort to dismiss the lawsuit, Kraft Heinz said there were no actual claims that artificial preservatives were used in its macaroni and cheese and that most consumers would view the ingredients as artificial.

The plaintiffs seek damages for fraud, unjust enrichment and violations of state consumer protection law.

Kraft Heinz is headquartered in Chicago and Pittsburgh.