Michelle Francione filed a class action complaint on Thursday in the District of Massachusetts against Kraft Heinz Foods Company “for making, processing, manufacturing, marketing, distributing and selling its Kraft Macaroni & Cheese products” due to the presence of phthalates, which the plaintiff alleges are “harmful chemicals”.
According to the complaint, Kraft has been aware that not only are phthalates present in their products, but that they are “linked to adverse health effects”, especially in pregnant women and children. The complaint continues by detailing numerous conditions that have been linked to phthalate consumption, and mentions how its presence in food products is most likely due to processing and packaging materials commonly found in factories. As noted by the plaintiffs, on the packaging of the macaroni and cheese products it clearly states that the food contains “no artificial flavors, no artificial flavors [and] no artificial dyes”, despite the fact that the defendant acknowledges the presence of phthalates in their products.
Phthalates have been linked to asthma, breast cancer, obesity, type-II diabetes, attention-deficit hyperactivity disorder (ADHD), male fertility issues and autism spectrum disorders, and other outcomes, the complaint said. Laws in the United States, European Union, and fourteen other countries have banned the inclusion of these chemicals in a wide array of children’s toys, including toys that may be placed in their mouths, like teething rings.
The plaintiff said if she had known about the “unsafe and dangerous levels” of phthalates in Kraft’s products she would not have purchased any more of their food products. However, she claims that she would continue to purchase more Kraft macaroni and cheese products if these chemicals were removed.
The plaintiff is seeking monetary statutory and common law damages, punitive damages, attorney’s fees and costs, and reimbursement for her expenses as representative of the Class.
The plaintiff is represented by Edward L. Manchur, Esq.
