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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 1 of 41 PageID #:1
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`
`Plaintiffs,
`
`GABRIELLE STUVE and JESSICA
`NICODEMO, on behalf of themselves
`and all others similarly situated,
`
`
`v.
`
`THE KRAFT HEINZ COMPANY a/k/a
`KRAFT HEINZ FOODS COMPANY,
`
`
`
`
`
`
`Defendant.
`
`Case No.
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`Judge:
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`JURY TRIAL DEMANDED
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`CLASS ACTION COMPLAINT
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`

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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 2 of 41 PageID #:2
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`Plaintiffs Gabrielle Stuve and Jessica Nicodemo (“Plaintiffs”), by and through their
`counsel, on their own behalf and on behalf of all others similarly situated, bring this Class Action
`Complaint against Defendant The Kraft Heinz Company a/k/a Kraft Heinz Foods Company
`(“Kraft” or “Defendant”) and allege the following facts in support of their claims against
`Defendant based upon personal knowledge, where applicable, information and belief, and the
`investigation of counsel:
`
`
`I.
`
`INTRODUCTION
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`1.
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`The ubiquitous boxed macaroni and cheese has long been a staple meal in many
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`U.S. households for children and adults alike. Defendant has profited from this fact with massive
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`sales of its popular Kraft boxed macaroni and cheese products (the “Kraft Mac & Cheese Products”
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`or the “Products”). By some reports, approximately a million boxes of Kraft Mac & Cheese
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`Products are sold every day.1 But Defendant has improperly and misleadingly packaged and
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`marketed its Products to reasonable consumers, like Plaintiffs, by failing to disclose on the
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`Products’ packaging that they contain (or are at a risk of containing) “ortho-phthalates,” also
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`known as “phthalates,” which are harmful chemicals that carry a real risk of health impacts if
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`consumed.
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`2.
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`There is increasing scientific evidence linking phthalate exposure with harmful
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`health outcomes and dairy has been found to be a major source of exposure. For most people, food
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`is generally the greatest exposure to phthalates and fattier and more processed foods tend to have
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`the highest phthalate levels. The cumulative effect of phthalates is concerning, particularly
`
`
`1 See https://www.insider.com/things-you-didnt-know-about-kraft-macaroni-and-cheese-2020-
`5#today-roughly-a-million-boxes-of-kraft-mac-and-cheese-are-sold-every-day-5 (Jan. 20, 2021)
`(last accessed April 2, 2021).
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`because studies show that one in five American adults eats 81 percent of their calories from ultra-
`
`processed foods, including foods such as powdered macaroni and cheese products.
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`3.
`
`Phthalates are classified as endocrine-disrupting chemicals and have been linked to
`
`adverse health effects. For example, studies have found that in adult populations, there is an
`
`association between phthalate exposure and markers of testicular function in men, particularly
`
`decreased semen quality. There is also evidence linking endometriosis in women with high
`
`phthalate metabolite levels and increases in waist circumference and body mass index (BMI) have
`
`been linked to exposure in men and adolescent and adult females.
`
`4.
`
`Moreover, scientific findings have shown that pre-natal exposure to phthalates is
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`highly dangerous to the fetus and leads to multiple harms once the children are born, including
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`neurodevelopmental problems such as ADHD, anti-social behavior, learning and memory
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`problems, and genital birth defects in boys. In fact, according to a press release dated February
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`19, 2021, announcing a recent peer-reviewed study published in the American Journal of Public
`
`Health, “[p]renatal exposure to the widely used plasticizer chemicals called phthalates can lead to
`
`learning, attention and behavioral disorders in children.” The press release noted that the “study
`
`reviewed data from the past decade measuring prenatal exposure to phthalates or environmental
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`estimates of exposures from 11 countries or territories. It found consistent associations between
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`phthalates and behaviors typically linked to ADHD and impaired cognitive development,
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`including lower IQ, reduced psychomotor development and impaired social communication.” In
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`fact, in 2008, Congress banned several phthalates from children’s toys and childcare articles.
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`5.
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`Reasonable consumers, like Plaintiffs, trust manufacturers like Defendant to sell
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`food that is healthy, nutritious, and free from harmful toxins, contaminants, and chemicals.
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`Reasonable consumers, like Plaintiffs, certainly expect the food they eat and feed their family to
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`be free from phthalates, substances known to have health consequences.
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`6.
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`Consumers lack the scientific knowledge necessary to determine whether the
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`Products do in fact contain (or have a risk of containing) phthalates, or other undesirable toxins or
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`contaminants, or to ascertain the true nature of the ingredients and quality of the Products.
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`Reasonable consumers therefore must and do rely on Defendant to be transparent and properly
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`disclose on the packaging all material information and not misrepresentation the true quality of the
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`Products. However, public reports and articles, including in the recesses of Defendant’s own
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`website, reveal that the Kraft Mac & Cheese Products contain (or are at risk of containing)
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`phthalates.
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`7.
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`Despite this, the consumer-facing message on the packaging that Defendant chose
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`failed to reference anything on phthalates. Indeed, nowhere on the Products’ packaging or labeling
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`is there any disclosure on the inclusion (or possible inclusion) of phthalates. Instead, the Kraft
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`Mac & Cheese Products’ packaging represents that its Products are wholesome and healthy. The
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`package promises that the Products are “The Taste You Love” as they have “NO Artificial Flavors”
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`and “NO Artificial Preservatives” and “NO Artificial Dyes.” This leads reasonable consumers to
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`believe the product is wholesome and healthy and does not contain dangerous chemicals like
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`phthalates.
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`8.
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`But phthalates are toxic industrial chemicals that are far from wholesome or
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`healthy. On the “Frequently Asked Questions” section of the kraftmacandcheese.com website,
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`under the question, “Should I be concerned about food and phthalates?,” Defendant states that it
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`“know[s] moms and dads trust Kraft Mac & Cheese as a quality, tasty, and safe food for the
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`family.”2 Thus, it acknowledges reliance by its customers on its representations that the Kraft Mac
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`& Cheese Products are healthy and safe to eat and free from dangerous chemicals. Defendant
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`further acknowledges that phthalates are found in many food products and states that Defendant is
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`seeking to learn how “phthalates may be introduced into certain products and if there is anything
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`else we can do to reduce or eliminate them.”3 While the statements on the kraftmacandcheese.com
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`website are buried in the Frequently Asked Questions section, they are nonetheless an admission
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`by Defendant that it is information a reasonable consumer would consider important. Yet no
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`information about the presence (or risk) of phthalates in the Kraft Mac & Cheese Products is
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`disclosed anywhere on the packaging.
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`9.
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`Plaintiffs bring this class action against Defendant for deceptive business practices,
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`including misrepresentations and omissions, as well as breach of warranty and unjust enrichment,
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`regarding the presence (or risk) of dangerous phthalates in the Kraft Mac & Cheese Products,
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`including those that Plaintiffs purchased. Plaintiffs seek injunctive and monetary relief on behalf
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`of the proposed Class including (i) requiring full disclosure of all such substances and ingredients
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`in Defendant’s marketing, advertising, and labeling; (ii) requiring testing of all ingredients and
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`final products for such substances; and (iii) restoring monies to the members of the proposed Class.
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`Through this action, Plaintiffs assert claims for breach of warranty and unjust enrichment,
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`violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1,
`
`et seq., the Illinois Food, Drug and Cosmetic Act, 410 ILCS 620/1 et seq., the Florida Deceptive
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`and Unfair Trade Practices Act § 501.201, New York Consumer Law for Deceptive Acts and
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`Practices, N.Y. Gen. Bus. Law § 349, and the New York Consumer Law for False Advertising,
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`2 https://www.kraftmacandcheese.com/faq (last accessed April 2, 2021).
`3 Id.
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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 6 of 41 PageID #:6
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`N.Y. Gen Bus. Law § 350, seeking monetary damages, injunctive relief, and all other relief as
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`authorized in equity or by law.
`
`Plaintiffs
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`PARTIES
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`10.
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`Plaintiff Jessica Nicodemo is a citizen and resident of the State of Florida, residing
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`in Branford, Florida. During the applicable statute of limitations period, Plaintiff Nicodemo
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`purchased Kraft Mac & Cheese Products that were manufactured and produced by Defendant that
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`contained (or were at risk of containing) undisclosed dangerous phthalates, including the Original
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`Flavor. Plaintiff Nicodemo relied on the material misrepresentations discussed herein that the
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`Products are healthy, nutritious and wholesome, and on the material omission that the Products
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`contain (or risk containing) dangerous phthalates. Plaintiff Nicodemo was unaware that the
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`Products contained phthalates and would not have purchased the Products if that were fully
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`disclosed. As a result of Defendant’s negligent, reckless, and/or knowingly deceptive conduct as
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`alleged herein, Plaintiff Nicodemo was injured when she paid the purchase price and/or a price
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`premium for the Products that did not deliver what Defendant promised. Plaintiff Nicodemo paid
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`the above sum in reliance that the labeling of the Products was accurate, that there were no material
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`omissions, and that the Products were healthy, nutritious and wholesome. Plaintiff Nicodemo
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`would not have purchased the Products had she known they contained phthalates. Plaintiff
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`Nicodemo would purchase the Products again if Defendant (i) eliminated the phthalates; and (ii)
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`undertook corrective changes to the packaging to affirm same. Damages can be calculated through
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`expert testimony at trial.
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`11.
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`Plaintiff Gabrielle Stuve is a citizen and resident of the State of New York, residing
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`in Hauppauge, New York. During the applicable statute of limitations period, Plaintiff Stuve
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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 7 of 41 PageID #:7
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`purchased Kraft Mac & Cheese Products that were manufactured and produced by Defendant that
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`contained (or were at risk of containing) undisclosed dangerous phthalates, including the Original
`
`Flavor. Plaintiff Stuve relied on the material misrepresentations discussed herein that the Products
`
`are healthy, nutritious and wholesome, and on the material omission that the Products contain (or
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`risk containing) dangerous phthalates. Plaintiff Stuve was unaware that the Products contained
`
`phthalates and would not have purchased the Products if that were fully disclosed. As a result of
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`Defendant’s negligent, reckless, and/or knowingly deceptive conduct as alleged herein, Plaintiff
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`Stuve was injured when she paid the purchase price and/or a price premium for the Products that
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`did not deliver what Defendant promised. Plaintiff Stuve paid the above sum in reliance that the
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`labeling of the Products was accurate, that there were no material omissions, and that the Products
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`were healthy, nutritious and wholesome. Plaintiff Stuve would not have purchased the Products
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`had she known they contained phthalates. Plaintiff Stuve would purchase the Products again if
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`Defendant (i) eliminated the phthalates; and (ii) undertook corrective changes to the packaging to
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`affirm same. Damages can be calculated through expert testimony at trial.
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`Defendant Kraft
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`12.
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`Defendant Kraft is a Delaware corporation with co-headquarters in Chicago,
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`Illinois and Pittsburgh, Pennsylvania. On the back of the box of the Products, it states “Kraft Heinz
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`Foods Company Chicago, IL 60601.”
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`13.
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`Kraft operates a factory in Champaign, Illinois with some 900 employees on 32
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`acres that makes half of the Kraft macaroni and cheese sold in the United States.4
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`14.
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`Defendant packages, labels, markets, advertises, formulates, manufactures,
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`distributes, and sells Kraft Mac & Cheese Products throughout the United States, including Illinois,
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`Florida and New York.
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`15.
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`Public reports indicate that Kraft is the largest seller of macaroni and cheese
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`products in the United States.5
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`16.
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`17.
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`Defendant’s website is https://www.kraftmacandcheese.com/.
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`Defendant shows 18 “Blue Box” Kraft Mac & Cheese Products on its website.6
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`JURISDICTION AND VENUE
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`18.
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`This Court has jurisdiction over this action pursuant to the Class Action Fairness
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`Act of 2005 (“CAFA”), 28 U.S.C. §1332(d)(2), because at least one Class Member is of diverse
`
`
`4 See https://www.dallasnews.com/business/2020/04/09/we-cant-make-enough-mac-and-cheese-
`processed-food-is-undergoing-a-renaissance/ (last accessed April 2, 2021).
`5 See https://finance.yahoo.com/news/pepsi-co-will-take-aim-at-kraft-mac-cheese-
`dominance-this-fall-160443211.html (last accessed April 2, 2021).
`6 Those are as follows: Kraft Original Flavor Macaroni & Cheese Dinner; Kraft Three Cheese
`Macaroni & Cheese Dinner; Kraft Macaroni & Cheese Dinner Value Size; Kraft Original
`Macaroni & Cheese Dinner Family Size; Kraft Original Flavor Macaroni & Cheese Dinner 4
`pack; Kraft Thick & Creamy Macaroni & Cheese Dinner; Kraft Paw Patrol Shapes Macaroni &
`Cheese Dinner; Kraft Unicorn Shapes Macaroni & Cheese Dinner; Kraft Spirals Macaroni &
`Cheese Dinner; Kraft White Cheddar Macaroni & Cheese Dinner; Kraft Gluten Free Macaroni &
`Cheese Dinner; Kraft Paw Patrol Ready Race Rescue Shapes Macaroni & Cheese Dinner; Kraft
`Macaroni & Cheese Cauliflower Original; Kraft Original Flavor Whole Grain Macaroni &
`
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`state citizenship from Defendant, there are more than 100 Class Members, and the aggregate
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`amount in controversy exceeds $5 million, exclusive of interest and costs.
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`19.
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`The Northern District of Illinois has personal jurisdiction over Defendant as
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`Defendant conducts substantial business in this District and has its co-headquarters located in the
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`District.
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`20.
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`Venue is proper in this District under 28 U.S.C. §1391(b) because Defendant has
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`its co-headquarters located in the District and because a substantial part of the events,
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`misrepresentations and/or omissions giving rise to the conduct alleged in this Complaint occurred
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`in, were directed to, and emanated from this District.
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`II.
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`FACTUAL ALLEGATIONS
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`Phthalates Are Toxic Industrial Chemicals Found in Boxed Macaroni and Cheese
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`21.
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`In 2017, the Coalition for Safer Food Processing and Packaging (the “Coalition”),
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`a group of nonprofit consumer health and food safety advocacy organizations, published a study
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`(the “Study”) that tested, among other cheese products, cheese powder in ten varieties of macaroni
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`and cheese.7 The Study concluded that phthalates were found in all 10 of the varieties and that on
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`average the phthalate levels in the ten macaroni and cheese powders tested were more than four
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`times higher than in the 15 natural cheeses tested, which were block cheese, string cheese, cottage
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`cheese, and shredded cheese.8 The Study also concluded that “DEHP, the most widely restricted
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`Cheese Dinner; Kraft Macaroni & Cheese Frozen II Shapes Dinner; Kraft Thick ‘N Creamy
`Macaroni & Cheese Dinners; Kraft Original Cheddar Macaroni & Cheese Dinner with White
`Bean Protein; and Kraft Original Flavor Macaroni & Cheese Dinner Wrapped. See
`https://www.kraftmacandcheese.com/products/100166000002/blue-box (last accessed April 2,
`2021).
`7 See http://kleanupkraft.org/data-summary.pdf (last accessed April 2, 2021).
`8 See PhthalatesLabReport.pdf (kleanupkraft.org) (last accessed April 2, 2021).
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`phthalate, was found more often and at a much higher average concentration than any other
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`phthalate, among all the cheese products tested.”9
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`22.
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`Although the Study did not publicly identify the brands for which the cheese
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`powder was tested, given the results of the Study, the Coalition wrote a public letter dated June
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`14, 2017 to the Chief Executive Officer of Kraft, asking it, as the leading U.S. seller of macaroni
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`and cheese products, to “eliminate toxic industrial chemicals known as ortho-phthalates from your
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`food products.”10 According to the letter, the Coalition stated that it had detected phthalates in
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`Kraft’s products through the testing and wanted to meet with Kraft to discuss this as it was planning
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`a public outreach campaign.11 The letter stated that pregnant women and young children are the
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`“most vulnerable groups” and that food is “often the number one source of phthalates
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`exposure.”12 Fatty foods, including dairy products, appears to be “the greatest contributor of
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`dietary exposure to phthalates,” according to the letter.13 The Coalition explained and cited the
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`scientific findings to date showing that pre-natal exposure to phthalates is highly dangerous to the
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`fetus and leads to multiple harms once the children are born, including neurodevelopmental
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`problems such as ADHD, anti-social behavior, learning and memory problems, and genital birth
`
`
`9 http://kleanupkraft.org/data-summary.pdf (last accessed April 2, 2021). See also Report to the
`U.S. Consumer Product Safety Commission by the Chronic Hazard Advisory Panel on Phthalates
`and Phthalate Alternatives, July 2014, U.S. Consumer Product Safety Commission, Directorate
`for Health Sciences, https://www.cpsc.gov/s3fs-public/CHAP-REPORT-With-Appendices.pdf
`(last accessed April 2, 2021), at 90 (CPSC states that regarding DEHP, which is not allowed in
`children’s toys and child care products at levels greater than 0.1%, “[a] complete dataset suggests
`that exposure to DEHP in utero can induce adverse developmental changes to the male
`reproductive tract. Exposure to DEHP can also adversely affect many other organs such as the
`liver and thyroid.”).
`10 http://kleanupkraft.org/kraft-phthalates-6-14-17.pdf (last accessed April 2, 2021).
`11 See id.
`12 Id.
`13 Id.
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`defects in boys.14 Moreover, the letter stated that cumulative exposure to phthalates is of particular
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`concern.15 The letter noted that “safer alternatives are already commercially available for many
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`uses of phthalates.”16
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`23.
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`In a public statement dated July 20, 2017, following the letter to Kraft’s CEO, the
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`Coalition further noted: “This serious public health risk stems from daily exposure to phthalates
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`from all sources combined. This is what’s known as an unacceptable ‘cumulative risk.’ Kraft
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`asserts that the amount of phthalates in the products we tested is many times ‘lower than levels
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`that scientific authorities have identified as acceptable.’ What Kraft didn’t say is that the only
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`acceptable levels that exist apply to the total daily intake of phthalates from all sources combined,
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`not from any single product. With phthalates found in some dairy products, baked goods, oils,
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`infant formula, fast food, consumer products, house dust – together, these daily exposures add up
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`to too much.”17 The letter further noted that the ten macaroni and cheese powders that were tested
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`“had the highest levels of phthalates of the product items we tested.”18
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`24.
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`In the Frequently Asked Questions portion of Defendant’s website, while it
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`acknowledged the Study, that its Kraft Mac & Cheese Products do contain (or risk containing)
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`phthalates, and that it is important to “reduce or eliminate” such phthalates, it never disclosed
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`anything about phthalates on the Products’ packaging.19
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`25.
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`It appears that the Food and Drug Administration (“FDA”) has not adopted a
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`standard for acceptable levels of phthalates in food.
`
`
`
`14 See id.
`15 See id.
`16 Id.
`17 https://www.kleanupkraft.org/CoalitionStatement7-20.pdf (last accessed April 2, 2021).
`18 Id.
`19 https://www.kraftmacandcheese.com/faq (last accessed April 2, 2021).
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`26.
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`The cumulative effect of phthalates is particularly concerning, especially since
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`studies show that one in five American adults eats 81 percent of their calories from ultra-processed
`
`foods, including foods such as powdered macaroni and cheese products.20 In a recent letter, dated
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`March 11, 2020, addressed to the Chief Executive Officer of The Kraft Heinz Company, which
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`included signatories from disability organizations from 22 states, the chair of Harvard’s
`
`Department of Environmental Health, and public health experts from several additional
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`universities, the signatories noted that the “National Academy of Sciences estimates that
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`environmental factors, including toxic chemicals, cause or contribute to at least a quarter of
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`learning and developmental disabilities in American children,” and that Kraft should lead the
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`industry “by ensuring its supply chain is free of phthalates.”21 The letter further stated that
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`“[s]cientific studies show that daily cumulative exposure to phthalates poses an unacceptable
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`health risk to pregnant women and young children. Elevated phthalate exposure has been found
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`to interfere with the reproductive functions of both men and women and impede brain development
`
`in children. For most people, the food we eat is the greatest exposure pathway to phthalates. Foods
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`that are fattier and more processed tend to have the highest phthalate levels.”22
`
`27.
`
`Studies in addition to those noted above indicate and/or discuss the harmful and
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`dangerous effects of phthalates. For example, a study in 2014 sought to identify the primary foods
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`associated with increased exposure to phthalates. The study stated, “Given the increasing scientific
`
`evidence base linking phthalate exposure with harmful health outcomes, it is important to
`
`
`20 See, e.g., https://www.ewg.org/news-and-analysis/2019/09/kraft-heinz-rejects-effort-get-
`phthalates-out-mac-and-cheese (citing https://pubmed.ncbi.nlm.nih.gov/30820487/) (last
`accessed April 2, 2021).
`21 https://www.toxicfreefood.org/wp-content/uploads/LDA-Sign-On-Letter-to-Kraft-Heinz-
`3.11.20.pdf (last accessed April 2, 2021).
`22 Id.
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`understand major sources of exposure.”23 Dairy was found to be one of those sources. According
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`to the study, phthalates “are classified as endocrine-disrupting chemicals and have been linked to
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`adverse health effects particularly in relation to early life exposure.” The study further noted that
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`in “adult populations, various epidemiological studies support an association between phthalate
`
`exposure and markers of testicular function in men, particularly decreased semen quality.” It also
`
`noted that “evidence linking endometriosis in women with high phthalate metabolite levels” and
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`“[i]ncreases in waist circumference and body mass index (BMI) have been linked to DEHP, BzBP,
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`DBP and DEP exposure in men and DEP exposure in adolescent and adult females.”24
`
`28.
`
`Another study in 2014, which “examined the temporal trends in urinary
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`concentrations of phthalates metabolites in the general U.S. population,” also indicated that such
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`testing was important due to “the scientific community and public’s concern over phthalate
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`toxicity,” including the banning of the use of certain phthalates in toys, food-containing materials,
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`and cosmetics in the European Union, as well as toys and other child care articles in the U.S.25
`
`The study noted: “Human epidemiologic studies have reported associations between exposure to
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`DnBP, BBzP, and some other phthalates and adverse male reproductive outcomes, including
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`reduced sperm quality, increased sperm DNA damage, and altered male genital development
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`(Hauser et al. 2006, 2007; Meeker et al. 2009; Swan et al. 2005). Other studies have reported
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`associations between gestational exposures to phthalates, including DEP, DnBP, BBzP, and
`
`
`23 Serrano SE, Braun J, Trasande L, Dills R, Sathyanarayana S (2014) Phthalates and diet: a
`review of food monitoring and epidemiology data. Environmental Health 13:43,
`https://ehjournal.biomedcentral.com/articles/10.1186/1476-069X-13-43 (last accessed April 2,
`2021).
`24 Id.
`25 Zota AR, Calafat AM, Woodruff TJ (2014) Temporal Trends in Phthalate Exposures: Findings
`from the National Health and Nutrition Examination Survey, 2001-2010 Environmental Health
`Perspectives 122(3):235-241, https://ehp.niehs.nih.gov/doi/10.1289/ehp.1306681 (last accessed
`April 2, 2021).
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`DEHP, and outcomes suggesting impaired behavioral development (Braun et al. 2013; Engel et al.
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`2009; Swan et al. 2010; Whyatt et al. 2012).”26
`
`29.
`
`According to a press release dated February 19, 2021, announcing a recent peer-
`
`reviewed study published in the American Journal of Public Health, “[p]renatal exposure to the
`
`widely used plasticizer chemicals called phthalates can lead to learning, attention and behavioral
`
`disorders in children.”27 The press release noted that the “study reviewed data from the past decade
`
`measuring prenatal exposure to phthalates or environmental estimates of exposures from 11
`
`countries or territories. It found consistent associations between phthalates and behaviors typically
`
`linked to ADHD and impaired cognitive development, including lower IQ, reduced psychomotor
`
`development and impaired social communication.”28
`
`30.
`
`In 2008, Congress banned several phthalates from children’s toys and childcare
`
`articles.29 Previously, in 2005, the European Parliament endorsed a ban on certain types of
`
`phthalates used in children’s toys and other childcare products.30
`
`Defendant’s Knowledge and Material Misrepresentations and Omissions Regarding
`Phthalates
`
`31.
`
`Defendant chose to omit from all packaging that its Kraft Mac & Cheese Products
`
`contain (or have a risk of containing) dangerous phthalates which have been shown to be harmful
`
`
`
`26 Id.
`27 See https://www.ewg.org/release/study-shows-mounting-evidence-plasticizer-chemicals-
`harm-fetus (last accessed April 2, 2021).
`28 Id.
`29 See https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-
`Guidance/Phthalates-Information/ (last accessed April 2, 2021); see also Report to the U.S.
`Consumer Product Safety Commission by the Chronic Hazard Advisory Panel on Phthalates and
`Phthalate Alternatives, July 2014, U.S. Consumer Product Safety Commission, Directorate for
`Health Sciences, https://www.cpsc.gov/s3fs-public/CHAP-REPORT-With-Appendices.pdf (last
`accessed April 2, 2021).
`30 See, e.g., https://www.nbcnews.com/id/wbna8473765 (last accessed April 2, 2021).
`
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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 15 of 41 PageID #:15
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`to health, including to pregnant women and children, particularly on a cumulative basis, while
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`falsely and deceptively touting its products as healthy, wholesome and nutritious.31
`
`32.
`
`Defendant’s packaging for Kraft Mac & Cheese Products portrays the products as
`
`wholesome and healthy. The package promises that the Products are “The Taste You Love” as
`
`they have “NO Artificial Flavors” and “NO Artificial Preservatives” and “NO Artificial Dyes.”
`
`This leads reasonable consumers to believe the product is wholesome and healthy and does not
`
`contain dangerous chemicals like phthalates.
`
`33.
`
`But phthalates are toxic industrial chemicals that are far from wholesome or
`
`healthy. While Defendant prominently represents on the front of the package that there are no
`
`“artificial” flavors, preservatives or dyes in the Kraft Mac & Cheese Products, the Products contain
`
`(or are at risk of containing) dangerous and harmful phthalates, which is nowhere disclosed on the
`
`package.
`
`34.
`
`On the “Frequently Asked Questions” section of the kraftmacandcheese.com
`
`website, under the question, “Should I be concerned about food and phthalates?,” Defendant states
`
`that it “know[s] moms and dads trust Kraft Mac & Cheese as a quality, tasty, and safe food for the
`
`family.”32 Thus, it acknowledges reliance by its customers on its representations that the Kraft
`
`Mac & Cheese Products are healthy and safe to eat and free from dangerous chemicals. Defendant
`
`further acknowledges that phthalates are found in many food products and states that Defendant is
`
`
`31 Kraft has begun promoting eating its Kraft Mac & Cheese Products for breakfast. See
`https://news.kraftheinzcompany.com/press-releases-details/2020/Its-Official-Kraft-Mac--Cheese-
`Is-Approved-for-Breakfast/default.aspx (Aug.4, 2020) (last accessed April 2, 2021) (Kraft mac
`and cheese is “part of a balanced breakfast”; brand manager for Kraft in Chicago stated, “As a
`brand loved by the entire family, we’ve learned Kraft Mac & Cheese isn’t just for dinner…. A
`Kraft Mac & Cheese breakfast is a win-win for families at a time when they need all the wins
`they can get.”).
`32 https://www.kraftmacandcheese.com/faq (last accessed April 2, 2021).
`
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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 16 of 41 PageID #:16
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`working to learn how “phthalates may be introduced into certain products and if there is anything
`
`else we can do
`
`to reduce or eliminate
`
`them.”33
`
` While
`
`the statements on
`
`the
`
`kraftmacandcheese.com website are buried in the Frequently Asked Questions section, they are
`
`nonetheless an admission by Defendant that it is information a reasonable consumer would
`
`consider important. Yet no information about the presence (or risk) of phthalates in the Kraft Mac
`
`& Cheese Products is disclosed anywhere on the packaging.
`
`35.
`
`The Products’ misrepresentations and omissions are illustrated by the picture of the
`
`Kraft Mac & Cheese Product shown below.
`
`
`
`
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`33 Id.
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`Case: 1:21-cv-01845 Document #: 1 Filed: 04/06/21 Page 17 of 41 PageID #:17
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`36.
`
`Defendant’s website confirms the misrepresentations made to consumers, including
`
`Plaintiffs and the Class, on the packaging of Kraft Mac & Cheese Products that such products are
`
`healthy, wholesome and nutritious and free from dangerous chemicals. Defendant states on the
`
`website that its Kraft Mac & Cheese Products are “[t]he part of parenting that’s impossible to mess
`
`up” and that is “[b]ecause Kraft Mac & Cheese is made with no artificial flavors, preservatives,
`
`and dyes.”34
`
`37.
`
`Based on Defendant’s decision to advertise and market its Kraft Mac & Cheese
`
`Products on its packaging as healthy, nutritious, and safe for consumption, it had a duty to ensure
`
`that these and other statements were true and not misleading, which it failed to do. Instead,
`
`Defendant omitted any information in its packaging regarding phthalates (or the risk of phthalates)
`
`in its Kraft Mac & Cheese Products.
`
`38.
`
`Kraft Mac & Cheese Products are available at numerous retail and online outlets.
`
`However, as discussed above, Defendant fails to disclose on its packaging that Kraft Mac &
`
`Cheese Products contain (or risk containing) dangerous phthalates. Defendant intentionally
`
`omitted disclosure on its packaging of these dangerous chemicals to induce and mislead reasonable
`
`consumers to purchase its Kraft Mac & Cheese Products.
`
`III. CLASS ACTION ALLEGATIONS
`
`39.
`
`Pursuant to the provisions of Rules 23(a), 23(b)(2), and 23(b)(3) of the Federal
`
`Rules of Civil Procedure, Plaintiffs bring this class action on behalf of themselves and a nationwide
`
`Class defined as:
`
`All persons who, during the applicable statute of limitation period to the
`present, purchased Kraft Mac & Cheese Products in the United St