Kraft Heinz has been hit with a class action lawsuit over the use of ‘no artificial preservatives’ labelling on its Kraft Macaroni & Cheese product.
Plaintiffs David Hayes, Kamilah Galbreth and Taylor Ambroisno say the claim is fraud, an unjust enrichment and violates state consumer protection laws in Illinois, New York and California.
They argue that the mac and cheese was marketed as containing ‘no artificial flavours, preservatives or dyes’ despite containing citric acid and sodium phosphates, which they claim are artificially derived and act as preservatives in the product.
They are seeking monetary damages and injunctive relief to prevent the company from continuing to label its products as such.
They accuse Kraft Heinz of using a synthetic form of citric acid manufactured from a type of black mould called Aspergillus niger.
The lawsuit cites academic studies and articles explaining that “approximately 99 per cent of the manufactured (as opposed to naturally occurring) citric acid in the world is cultivated from Aspergillus niger”.
Additionally, they point to the use of sodium phosphates, which are ‘frequently, but not exclusively’ used as preservatives in food products such as cheese.
The plaintiffs allege that these are also artificially synthesised and do not exist in nature as pure compounds or pure minerals like common salt.
Kraft Heinz responded with a motion to dismiss, which the court granted in part and denied in part.
District judge Mary Rowland ruled that the plaintiffs’ allegations regarding the artificial nature and function of the ingredients as preservatives were plausible, writing: “These allegations are enough to withstand a motion to dismiss”.
