ST. LOUIS — Two class action lawsuits alleging false advertisements have been filed against Kraft Heinz Foods Company and Pepperidge Farm.
In the Kraft Heinz case, Kraft Heinz has moved to transfer a class action lawsuit from St. Louis Circuit Court to U.S. District Court for the Eastern District of Missouri, Eastern Division under the Class Action Fairness Act.
The suit alleges that Kraft Heinz falsely labels its Kraft Mac & Cheese products as free of artificial flavors, preservatives or dyes, despite containing citric acid.
Cecil Brinker, who claims this mislabeling influenced his purchase decisions, seeks damages for breach of warranty, implied contract, unjust enrichment and violation of consumer protection laws.
Kraft Heinz asserts the case meets CAFA criteria for federal jurisdiction, as the class exceeds 100 members, involves parties from different states and the amount in controversy surpasses $5 million, according to the May 20 notice of removal filed in U.S. District Court for the Eastern District of Missouri Eastern Division.
In the Pepperidge Farm case, on April 23, Christopher Lambert filed a class action lawsuit in Missouri state court against Pepperidge Farm, alleging that Flavor Blasted Goldfish crackers falsely claimed "No Artificial Flavors or Preservatives" because they contain citric acid, which Lambert argues is an artificial preservative.
Lambert seeks to represent Missouri residents and consumers from five other states —Alabama, Arizona, Georgia, Kansas and Oklahoma — under similar consumer protection laws.
Pepperidge Farm moved the case to federal court, arguing that CAFA applies for the same reasons Kraft Heinz noted. Pepperidge Farm contended the class includes tens of thousands of purchasers and that their combined claims, along with potential attorneys' fees and punitive damages, meet the jurisdictional threshold.
"Plaintiff and the Class made their purchasing decisions in reliance upon Defendant's advertised claims that the Products contain 'No Artificial Flavors or Preservatives,'" the complaint states. "Plaintiff and the Class reasonably and detrimentally relied upon the Products' labels in this respect. This is especially true in light of the fact that the average consumer spends less than 20 seconds making any individual in-store purchasing decision."
Most consumers, the complaint states, shop in a relatively hurried fashion and cannot stop to analyze every single product to decipher every deception closely.
The complaint notes that citric acid is classified as a preservative because of its antioxidant and antimicrobial properties.
The defendants "cannot argue that it includes citric acid in the Products merely to impart taste, because the quantities required to impart taste are more than sufficient to function as a preservative," the complaint states. "Even if imparting taste is Defendant's primary intention for including citric acid, that subjective motivation has no bearing on its objective functioning."
The plaintiff argues that it is clear that citric acid is a preservative regardless of what its intended or subjective use is in the products and that saying "No Artificial Flavors or Preservatives" on the labels of these products by the defendants is false.
The plaintiffs are seeking compensatory and punitive damages. They are represented by Daniel F. Harvath of Harvath Law Group in Webster Groves.
Harvath said he would recommend that consumers pay very close attention to the labeling on the products they purchase, including the ingredients panel.
"That can be very difficult in a practical setting — as consumers have limited time to shop, and usually multi-task while doing it (being on the phone or managing their children or other distractions)," Harvath said to The St. Louis Record. "So it is tough; but unfortunately consumers need to pay close attention, and even do their own research, when it comes to what they and their families are consuming."
Pepperidge Farm is represented by Brian A. Lamping and Benjamin I. Middleton of Thompson Coburn in St. Louis; and Keri E. Borders of King & Spalding of Los Angeles.
Kraft Heinz is represented by Lisa Pake of Haar & Woods in St. Louis.
U.S. District Court for the Eastern District of Missouri, Eastern Division case number: 4:24-cv-00704, 4:24-cv-00732