By Jonathan Stempel

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

In a ruling Wednesday, U.S. District Judge Mary Rowland said consumers in Illinois, California and New York who brought the lawsuit had plausibly argued that Kraft Mac & Cheese contained a synthetic form of citric acid that differed from of the natural variety and also contains sodium phosphates.

The Chicago judge said the plaintiffs specifically alleged that the ingredients functioned as preservatives, making Kraft Heinz’s “No Artificial Flavors, Preservatives or Colors” claim false and cited academic studies and Food and Drug Administration guidance from USA to support its case. .

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

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

In seeking dismissal, Kraft Heinz said there were no factual allegations that it used artificial preservatives in its “iconic” Mac & Cheese or that reasonable consumers would consider its ingredients to be artificial.

Kraft Heinz and its lawyers did not immediately respond to requests for comment Thursday. Lawyers for the plaintiffs did not immediately respond to similar requests.

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

Their lawsuit is one of many challenging the accuracy or precision of food labels.

In July 2023, a federal judge in Miami dismissed a lawsuit accusing Kraft Heinz of underestimating how long it took to microwave Velveeta mac and cheese.

Kraft Heinz is headquartered in Chicago and Pittsburgh. Berkshire Hathaway owns 26.9% of the stock.

The case is Hayes et al v. Kraft Heinz Co, U.S. District Court, Northern District of Illinois, no. 23-16596.

(Reporting by Jonathan Stempel in New York; Editing by Rod Nickel)