Kraft Heinz will have to face disgruntled consumers in federal court over allegations the food company lied about its macaroni and cheese product containing “No Artificial Flavors, Preservatives, or Dyes,” a judge ruled.
Consumers from Illinois, California and New York are part of a proposed nationwide class action filed in December 2023 in the Northern District of Illinois, according to a memorandum opinion obtained by USA TODAY.
U.S. District Judge Mary M. Rowland made the ruling in favor of the complainants on Wednesday, deeming that they “adequately alleged the Ingredients are artificial,” the memorandum reads. The consumers allege that Kraft Mac & Cheese contained an unnatural synthetic form of citric acid and sodium phosphates, the court document continued.
The presence of these components makes Kraft’s claim that its product does not include artificial flavors, preservatives or dyes false, according to the memorandum signed by Rowland.
Rowland’s decision comes after Kraft Heinz attempted to dismiss the proposed class’s allegations in March 2024 due to the consumers failing to “state a claim on which relief can be granted” since they could not factually prove that artificial preservatives were used in the mac and cheese, the motion filed by the food company reads.
USA TODAY contacted Kraft Heinz’s attorneys on Friday but has not received a response.
Jude sided with Kraft Heinz regarding mac and cheese labeling
Rowland did agree with Kraft Heinz, however, on a matter of label changing.
Because the complaining parties have shown they are aware of the alleged ingredients used in its Mac & Cheese, they should be safe from future harm. It was therefore deemed unnecessary for the company to change the labels on its boxes, said the court documents.
The proposed class is seeking damages for fraud, unjust enrichment and violations of Illinois, California and New York’s consumer protection laws.
Are synthetic citric acid and sodium phosphates safe?
Synthetic citric acid, or manufactured citric acid (MCA), is a common additive in processed foods, soft drinks and candies, according to the National Library of Medicine. MCA is manufactured by using a known allergen, Aspergillus niger, which on its own has been linked to the inflammation seen in asthma, juvenile idiopathic arthritis, and fibromyalgia, the medical library said.
The safety of MCA has never thoroughly been studied since the Food and Drug Administration (FDA) granted it “generally recognized as safe” (GRAS) status, according to the medical library.
On the other hand, sodium phosphates have been determined to be possibly detrimental when consumed too much or if an individual has certain health conditions, MedlinePlus said.
“Sodium phosphate can cause serious kidney damage and possibly death,” according to the online health information resource. “In some cases, this damage was permanent, and some people whose kidneys were damaged had to be treated with dialysis.”
Consuming excess sodium phosphates has also been linked to dehydration and electrolyte abnormalities and cardiovascular disease, the FDA said. Although the dangers of sodium phosphate intake exist, it is considered safe by the FDA and was also granted “generally recognized as safe” (GRAS) status.
