in Newswire Published on January 4, 2024

Kraft Mac & Cheese Falsely Advertised as Preservative-Free, Class Action Claims

Galbreth v. The Kraft Heinz Company

Filed: December 8, 2023 ◆§ 1:23-cv-17095

A class action alleges certain Kraft Mac & Cheese products are falsely labeled as preservative-free despite the fact that the foods contain an ingredient that functions as such.

Defendant(s)

The Kraft Heinz Company

Law(s)

California Unfair Competition Law California Consumers Legal Remedies Act

State(s)

California

Categories

Food False Advertising Fraud

A proposed class action alleges certain Kraft Mac & Cheese products are falsely labeled as preservative-free despite the fact that the foods contain an ingredient that functions as such.

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The 21-page case says that although the Kraft Heinz Company advertises that its Original Flavor, Thick ‘n Creamy and Three Cheese varieties of Kraft Mac & Cheese contain “No Artificial Flavors, Preservatives, or Dyes,” the products are made with a synthetic preservative known as citric acid.

The lawsuit shares that citric acid, which industry experts have described as one of the “most common and widely used preservatives in the world,” keeps food fresh by increasing acidity and preventing the growth of bacteria, mold, yeast and fungus. Moreover, the U.S. Food and Drug Administration classifies citric acid as a preservative due to its status as a chemical that can “prevent or retard deterioration” when added to food, the complaint relays.

The suit goes on to explain that the Kraft Mac & Cheese products at issue are made with commercially produced citric acid, which is typically derived from heavy chemical processing that involves the use of a type of black mold called Aspergillus niger.

“Consumption of manufactured citric acid has been associated with adverse health events like joint pain with swelling and stiffness, muscular and stomach pain, as well as shortness of breath,” the complaint says.

According to the filing, the defendant’s “unfair marketing scheme” has tricked customers into buying and paying more for what they thought were more natural products free of preservatives.

The lawsuit looks to cover anyone in California who bought the Kraft Mac & Cheese products mentioned above for personal use during the applicable statute of limitations period.

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