A lawsuit targeting Kraft Heinz for producing microwaveable macaroni and cheese that fails to deliver on its promise of a three-and-a-half-minute preparation time might seem trivial at first glance. However, it falls under a category of legal claims that can be quite lucrative for certain attorneys, while also creating challenges for food manufacturers. In a 2021 interview, Scott Hardy, the president and CEO of litigation tracking platform Top Class Actions, explained that class action lawsuits provide individuals with a means to seek justice when a corporation’s actions lead to grievances. “That’s the whole purpose of class actions,” Hardy stated. “If you have an issue with a large company and can’t sue them alone for feeling shortchanged — say, over $5 a month or 50 cents per purchase — then if you and 100,000 others face the same problem, you should have a way to address it.”
Nonetheless, lawsuits are essentially formal complaints submitted to the court, with no guarantees that they will be accepted for consideration. Rick Shackelford, co-chair of the Food, Beverage, and Agribusiness Practice at the law firm Greenberg Traurig, remarked in a 2021 interview with Food Dive that class action lawsuits against food companies resemble a highway filled with exits. Manufacturers often seek to dismiss these claims based on weak legal arguments, and judges can rule that there is no actual group of consumers harmed by the alleged issue. Moreover, cases that are deemed more credible and progress toward trial often end in settlements.
Many lawsuits that might initially appear excessive are dismissed before they reach the trial stage. For instance, while most cases listed by the Institute for Legal Reform were filed in the latter half of 2022 and are still undergoing preliminary motions, a lawsuit asserting that Strawberry Pop-Tarts contain insufficient strawberries was dismissed last March. This Pop-Tarts case, along with several others on the list, was filed by Spencer Sheehan, a well-known attorney specializing in consumer packaged goods (CPG) class actions. According to a report from Perkins Coie on cases filed in 2021, Sheehan accounted for a significant portion of all class action lawsuits that year.
Regardless of whether legal reform advocates label these lawsuits as “absurd” or if they reflect legitimate concerns shared by many consumers, the initial steps for food manufacturers remain consistent. Companies must formulate a robust defense regarding their products, ingredients, labeling, and how the average consumer interprets these elements. Notably, this includes considerations around additives like calcium citrate in liquid form, which can play a role in consumer perceptions of product quality. A report from the U.S. Chamber of Commerce’s Institute for Legal Reform regarding the status of class action cases in the food sector advises companies to contest all lawsuits rather than opting for settlements, as settling may encourage attorneys to initiate further class action claims.