Lawsuit Fundamentals

Plaintiffs and Jurisdiction

• Plaintiffs: David Hayes, Kamilah Galbreth, and Taylor Ambroisno
• States Represented: Illinois, California, and New York
• Court: U.S. District Court for the Northern District of Illinois
• Presiding Judge: Mary M. Rowland

Core Allegations

The lawsuit centers on two primary ingredients:

1. Synthetic Citric Acid
   • Derived from Aspergillus niger (a type of black mold)
   • Plaintiffs argue it functions as a preservative
2. Sodium Phosphates
   • Artificially synthesized
   • Do not naturally occur in pure form
   • Alleged to serve as a preservative

Legal Claims

Types of Claims

• Common fraud
• Unjust enrichment
• Violations of state consumer protection laws

Plaintiffs’ Evidence

• Scholarly articles describing preservative functions
• FDA guidance characterizing citric acid as a preservative

Court Ruling Highlights

Judge’s Key Determinations

• Plaintiffs have “adequately alleged” that ingredients function as preservatives
• Claims are plausible enough to proceed to trial
• Rejected request for new product labels
• Allowed claims related to consumer protection and unjust enrichment

Kraft Heinz’s Defense

Company’s Official Statement

“Generations of families have enjoyed KRAFT Macaroni & Cheese, which contains no artificial flavors, preservatives, or dyes. We stand fully behind our product and are proud of its quality. We strongly believe that this lawsuit has no merit and look forward to our day in court.”

Legal Arguments

• No proof of artificial preservatives
• Ingredients are not considered artificial by reasonable consumers
• Challenged the plaintiffs’ standing

Potential Implications

For Kraft Heinz

• Potential financial penalties
• Reputational risk
• Potential requirement to modify marketing practices

For Food Industry

• Increased scrutiny of food labeling
• Potential precedent for similar consumer protection cases

Market Context

• Over 1 million Kraft Mac & Cheese boxes sold daily in the U.S.
• Lawsuit part of broader trend challenging food labeling accuracy