Kraft Mac & Cheese Buyers See Hidden Phthalates Claims Advance
Jan. 13, 2023, 3:57 PM
- Preemption arguments can’t be resolved at dismissal stage
- Claims based on other alleged misrepresentations get tossed
Kraft Mac & Cheese consumers can proceed with a proposed class action alleging the package misleads purchasers into believing that the product is free from phthalates—plasticizing chemicals that can harm humans.
Kraft Heinz Co.’s argument that a federal regulation preempts the consumer protection claims can’t be resolved on a dismissal motion, and the plaintiffs plausibly alleged that the possible presence of even small amounts of phthalates is important to consumers, the US District Court for the Northern District of Illinois said Thursday.
The company cited a Food and Drug Administration regulation exempting manufacturers from the obligation to disclose incidental additives …
© 2023 Bloomberg Industry Group, Inc.
All Rights Reserved
..