Kraft Heinz Foods Company’s “100% Grated Parmesan Cheese”

In re 100% Grated Parmesan Cheese Marketing & Sales Practices Litigation
(The Kraft Heinz Company Track)
United States District Court for the Northern District of Illinois
Case No. 16-05802

Case Overview

In this class action lawsuit, Plaintiff alleges that Defendant Kraft Heinz Foods Company 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.

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