MIAMI (Legal Newsline) — A Florida woman is alleging in a class action lawsuit that Kraft's microwaveable macaroni and cheese cups are deceptively labeled as "ready in 3 1/2 minutes" because that doesn't take into time before and after they are placed in the microwave
Amanda Ramirez, individually and on behalf of all others similarly situated, filed a complaint Nov. 18 in the U.S. District Court for the Southern District of Florida against Kraft Heinz Foods Company, alleging violation of the Florida Deceptive and Unfair Trade Practices Act, breaches of express warranty and other claims.
According to her class action complaint, Ramirez alleges Kraft's Velveeta brand microwaveable single-serve mac and cheese cups are falsely labeled as "ready in 3 1/2 minutes." She claims Kraft's statement on the box is deceptive because the product takes longer than 3 1/2 minutes to prepare and does not represent the total amount of time it takes to prepare the product.
Ramirez alleges the directions on the product show 3 1/2 minutes is only the length of time to "complete one of several steps" and that the box should be labeled as taking "3 1/2 minutes to cook in the microwave." She also alleges Kraft's misleading representations result in the mac and cheese being sold at a "premium price" because consumers pay more for the product.
Ramirez claims Kraft is engaging in false and misleading advertising and knows that the statements and representations on its mac and cheese are false. She also claims Kraft's actions constitute negligent misrepresentation, which takes advantage of "consumer's cognitive shortcuts."
Ramirez and the class seek monetary relief, trial by jury and all other just relief. They are represented by William Wright of The Wright Law Office PA in West Palm Beach, Florida and Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Southern District of Florida Miami Division case number 1:22-CV-23782-BB