Federal judge allows lawsuit against Kraft Heinz over mac and cheese

An iconic lunch favorite for many young children, Kraft Macaroni and Cheese, might be in trouble.

On Nov. 13, a federal judge said Kraft Heinz must face a class action lawsuit against the company for false claims about its mac and cheese ingredients.

Kraft Heinz advertises its mac and cheese as containing no artificial preservatives. Still, U.S. District Judge Mary Rowland said the Illinois, California, and New York consumers heading the lawsuit have a plausible claim against the food company.

The mac and cheese contains "citric acid, sodium phosphate, and or sodium triphosphate," according to official court documents obtained by 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 specifically allege that the ingredients listed as preservatives make the companies' claim of "no artificial flavors or preservatives or dyes" false and cite academic studies and the U.S. Food and Drug Administration to support their case.

"These allegations are enough to withstand a motion to dismiss," she wrote.

Rowland agreed with Kraft Heinz that the plaintiffs lacked standing to demand new labels because they were aware of its alleged deceptive practices and would face no risk of future harm.

In an effort to get the case dismissed, Kraft Heinz said there were no factual allegations that it used artificial preservatives in its mac and cheese and that most consumers would view its ingredients as artificial.

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

Kraft Heinz is based in Chicago and Pittsburgh.