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Kraft Heinz is facing a potential nationwide class action lawsuit over the use of ‘no artificial preservatives’ labelling on its Kraft Macaroni & Cheese product – a claim alleged to have defrauded consumers.

Plaintiffs David Hayes, Kamilah Galbreth and Taylor Ambroisno have sued Kraft Heinz, alleging common fraud, unjust enrichment and violations of state consumer protection laws.

In the lawsuit filed in the US District Court for the Northern District of Illinois, the consumers from Illinois, California and New York 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.

The plaintiffs accuse Kraft Heinz of using a synthetic form of citric acid manufactured from a type of black mould called Aspergillus niger.

They highlighted how the artificial variety of this ingredient, used as a preservative when added to food, has ‘overtaken’ the natural variety, referencing academic studies and articles explaining that “approximately 99% 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. US 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”.

However, Rowland ruled that plaintiffs do not have standing to seek injunctive relief, agreeing with Kraft Heinz’ argument that the plaintiffs are necessarily aware of the allegedly artificial preservatives in the products, therefore cannot claim to be at risk of future harm.

The lawsuit will therefore proceed with the consumer protection and unjust enrichment claims, but plaintiffs’ request for injunctive relief has been denied.

A spokesperson for Kraft Heinz shared the following statement with FoodBev: "Generations of families have enjoyed Kraft Macaroni & Cheese, which contains no artificial flavours, preservatives or dyes. We stand fully behind our product and are proud of its quality. We strongly believe that this lawsuit has no merit and look forward to our day in court."

The court case is Hayes et al v. Kraft Heinz Co, US District Court, Northern District of Illinois, No. 23-16596.

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