A federal judge has ruled that Kraft Heinz must defend itself against unhappy consumers who argue that the company falsely advertised its macaroni and cheese as having “No Artificial Flavors, Preservatives, or Dyes.”

Consumers from Illinois, California, and New York have joined a nationwide class action lawsuit filed in December 2023 in the Northern District of Illinois, according to documents obtained by YSL News.

U.S. District Judge Mary M. Rowland supported the consumers on Wednesday, stating they “adequately alleged that the ingredients are artificial,” as indicated in the memorandum. The plaintiffs claim that Kraft’s Mac & Cheese contains synthetic forms of citric acid and sodium phosphates, the court noted.

The inclusion of these artificial components contradicts Kraft’s assertion that its product is free from artificial flavors, preservatives, or dyes, according to the memorandum signed by Rowland.

Rowland’s ruling comes after Kraft Heinz attempted to dismiss the allegations in March 2024, arguing that the consumers failed to provide sufficient proof of artificial preservatives being present in the mac and cheese, according to the company’s filed motion.

YSL News reached out to Kraft Heinz’s legal team on Friday but has yet to receive a reply.

Judge sided with Kraft Heinz on mac and cheese labeling

However, Judge Rowland agreed with Kraft Heinz on an aspect concerning label modifications.

Considering that the plaintiffs have indicated awareness of the debated ingredients in its Mac & Cheese, the court found that there is no foreseeable risk of future harm. Thus, it deemed it unnecessary for the company to alter the packaging labels, according to court documents.

The class action is seeking financial compensation for fraud, unjust enrichment, and breaches of consumer protection laws across Illinois, California, and New York.

Are synthetic citric acid and sodium phosphates safe to consume?

Synthetic citric acid, or manufactured citric acid (MCA), is a prevalent additive found in processed foods, soft drinks, and candies, according to the National Library of Medicine. MCA is produced using the known allergen, Aspergillus niger, which has been associated with inflammation issues in conditions like asthma and fibromyalgia, as noted by the medical library.

The comprehensive safety assessment of MCA has not been conducted since the Food and Drug Administration (FDA) designated it as “generally recognized as safe” (GRAS), as reported by the medical library.

Conversely, the consumption of sodium phosphates can lead to potential health risks if taken in excess or if a person has specific health conditions, according to MedlinePlus.

“Excess sodium phosphate intake may cause severe kidney damage and, in some instances, death,” cautioned the online health information service. “Some individuals with kidney damage may require dialysis as a result.”

High intake of sodium phosphates is also linked to dehydration, electrolyte imbalances, and heart disease, according to the FDA. Despite these concerns, sodium phosphates are still regarded as safe by the FDA and have been given GRAS status as well.