A federal judge said Kraft Heinz must face a proposed nationwide class action alleging that it defrauded consumers by claiming its Kraft macaroni and cheese, one of its best-known products, contains no artificial preservatives

A federal judge has ruled that Kraft Heinz must face a proposed nationwide class action lawsuit claiming it misled consumers by advertising its Kraft macaroni and cheese as free from artificial preservatives.

In a decision issued on Wednesday, U.S. District Judge Mary Rowland stated that consumers from Illinois, California, and New York who are leading the lawsuit have sufficiently argued that Kraft Mac & Cheese contains synthetic citric acid and sodium phosphates, which function as preservatives. The plaintiffs argue that this makes the product’s “No Artificial Flavors, Preservatives or Dyes” label misleading. They supported their claims with academic studies and Food and Drug Administration guidelines.

“These allegations are sufficient to withstand a motion to dismiss,” Judge Rowland wrote.

While Rowland acknowledged Kraft Heinz’s argument that the plaintiffs were aware of the alleged deceptive practices and therefore could not demand new labels, she allowed the case to proceed. Kraft Heinz had argued that there were no factual allegations showing that the ingredients in its macaroni and cheese were artificial preservatives, and that no reasonable consumer would consider the ingredients to be artificial.

Kraft Heinz and its attorneys did not immediately respond to requests for comment on Thursday. Similarly, the plaintiffs’ lawyers did not provide immediate responses.

In a separate case in July 2023, a federal judge in Miami dismissed a lawsuit that accused Kraft Heinz of misleading consumers about the preparation time for microwaveable Velveeta macaroni and cheese.

Kraft Heinz, based in Chicago and Pittsburgh, is partially owned by Berkshire Hathaway, which holds 26.9% of the company’s stock.

The case is titled Hayes et al v. Kraft Heinz Co, U.S. District Court, Northern District of Illinois, No. 23-16596. The plaintiffs are seeking damages for fraud, unjust enrichment, and violations of state consumer protection laws. This lawsuit is part of a broader trend of legal challenges against the accuracy of food labeling.