Case Overview
In this class action lawsuit, Plaintiff alleges that Defendant Kraft Heinz Foods Company ("Kraft") misled consumers by marketing its grated parmesan cheese products as “100% Grated Parmesan Cheese.” However, independent laboratory testing indicated that at least 3.8% of the grated parmesan cheese produced, advertised, and sold by Kraft as “100%” cheese is comprised of cellulose, a filler and anti-clumping agent derived from wood chips. The complaint seeks to refund consumers for purchases they made based upon the deceptive labeling and prevent Kraft from misleading consumers about its grated cheese products.
Case Status
Plaintiff filed its Complaint on April 25, 2016 in the United States District Court for the Eastern District of California, alleging claims under federal and California state law.
On June 2, 2016, a panel of federal judges consolidated and transferred the cases pending against Kraft as well as other defendants relating to the claims regarding their “100%” grated parmesan cheese to the Northern District of Illinois. The panel chose the Honorable Gary Feinerman to oversee the litigation. Plaintiffs filed the Amended Consolidated Class Action Complaint Against the Kraft Heinz Company on October 19, 2017. Defendants subsequently filed a motion to dismiss which Judge Feinerman granted in part and denied in part on November 1, 2018. In short, the Court dismissed the “100%” claims in their entirety but finds the anticaking claims viable in most situations. Kraft filed its Answer to Plaintiffs Amended Consolidated Class Action Complaint on December 7, 2018 and simultaneously filed a Motion for Judgment on the Pleadings which Judge Feinerman granted in part and denied in part on July 16, 2019. Plaintiffs appealed the decision to the United States Court of Appeals for the Seventh Circuit. After extensive briefing and oral argument, on December 7, 2020, the Seventh Circuit gave new life to claims that grated cheese made by Kraft misleads consumers by claiming to be “100%” grated parmesan cheese. While the district court had found that the ingredients list—which shows that the cheese contains other ingredients—cures the alleged deception of the front label, the panel judges found that this is asking too much of the average customer, who is unlikely to scrutinize the labeling the way attorneys or judges would. The case has been remanded to the district court for further proceedings.
Practice Areas
04/25/2016
Class Action Complaint06/02/2016
MDL Transfer Order10/19/2017
Amended Consolidated Class Action Complaint11/01/2018
Memorandum Opinion & Order07/16/2019
Memorandum Opinion & Order12/07/2020
Seventh Circuit OpinionAttorneys