Velveeta Shells and Cheese

A Florida woman sues Kraft to recover $5M. She claims Velveeta cheese & shells take longer to make than the packaging claims

Velveeta’s slogan might be “liquid Gold,” but a Florida woman has stated that the company owes her quite some silver.

Amanda Ramirez, a Florida resident sued Kraft Heinz Co. in a lawsuit for at least $ 5 million over fraudulent packaging. Ramirez claims that Kraft’s Velveeta Shells & Cheese Microwavable Shell Pasta is difficult to prepare, even though the packaging states it can be prepared in three and a half minutes. This constitutes fraud.

According to the lawsuit filed in U.S. District Court in Southern Florida, “To offer consumers a Product that is ready in 3 1/2 minutes”, the Product must be microwaved for less than three-and-a-half minutes so that all preparation steps can be completed within the 3-and-a-half minutes.

The suit lists five instructions for mac and cheese that are on the packaging. These include removing the lid and adding water to the pasta, then microwaving the mixture, and finally stirring in the powdered cheese sauce.

Plaintiff focuses on the fifth instruction: “cheese sauce thickens upon standing,” claiming that this is a longer “ready time” than what the packaging claims.

The suit states that consumers will be misled by the claim that the Product is ready in three and a half minutes. However, the instructions outlined above indicate that it takes just 3-and-a-half minutes to complete each step. It is not stated on the label that the product takes 3 1/2 minutes to heat in the microwave. This would have been accurate.

Kraft Heinz stated in a statement that they were aware of the frivolous lawsuit and would vigorously defend the allegations contained in the complaint.

Ramirez claims that Kraft’s Velveeta product sells at a premium price. He states that the product costs “approximately not less than $10.99 for eight 2.39-oz cups, excluding sales tax,” and that the product is priced higher than comparable products that aren’t misleading.

Ramirez has filed suit “individually as well as on behalf of all other similarly situated” meaning that it could lead to an aggregate settlement. This is similar to the 2020 case against Anheuser-Busch, which was brought by Ramirez because its Ritas products didn’t contain tequila.

The suit states that “the members of the class Plaintiff seeks a representation is more than 100” because the Product was sold with the representations here from thousands in the States covered under Plaintiff’s proposed classes. The plaintiff seeks at least $5,000,000 in damages, including punitive and statutory damages. This includes interest and costs.

The lawsuit states that consumers were misled into believing that the Product would be available for consumption in less time than it takes to prepare.

According to court filings, the suit was filed by a West Palm Beach-based law company along with Sheehan and Associates in New York. Spencer Sheehan has been on this same road many times with clients.

Sheehan is well-known for his lawsuits against big companies that produce items in grocery stores. According to NPR, Sheehan reportedly brought more than 400 lawsuits against products you likely have in your kitchen right now. Sheehan talked about the reasons he brought so many lawsuits against Tostitos and Kellogg’s, Betty Crocker, and many other companies last year.

Sheehan said that she was annoyed by companies cheating people, and would not like it when it happened. Sheehan spoke to NPR last year.

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