A Florida woman has filed a lawsuit against Kraft Heinz Foods Company, claiming Velveeta's Microwavable Shells and Cheese Cups take longer than the time stated on the box.
The class-action suit filed in U.S. District Court claims that Kraft misled consumers by advertising that the product takes 3.5 minutes until it is ready to be consumed when that is only the amount of time in the microwave.
Hialeah resident Amanda Ramirez says she never would have purchased the product had she known it would take longer than the time printed on the box.
According to the 15-page complaint, the front of the box reads, "Ready in 3 1/2 minutes." However, the instructions list four steps in making the mac and cheese -- and just one of them is "Microwave for 3 1/2 minutes."
The preparation time is longer when you factor in all of the steps, which include: removing a cup's lid and cheese sauce pouch, adding water to the cup's fill line and stirring, and finally stirring in the contents of the cheese sauce pouch, per the suit.
"The label does not state the Product 'takes 3 1/2 minutes to cook in the microwave,' which would have been true," the suit summarizes, alleging consumers are misled into expecting that the mac and cheese will be ready to eat in "a shorter amount of time than it really takes to prepare."
The lawsuit contends that consumers see the "ready in 3 1/2 minutes" claim and believe the mac and cheese will be ready to eat in that amount of time, not that just one of the preparation steps will be completed.
The lawsuit did not indicate how long the entire preparation process takes to complete. However, it points out that the mac and cheese would need to be cooked in the microwave for less than 3.5 minutes in order for it to be ready to eat, start to finish, in that timeframe.
According to the lawsuit, the product is sold at a "premium price" of around $10.99 for eight 2.39 oz cups, which is higher than similar products that are "represented in a non-misleading way." As a result, the suit claims that Kraft Heinz "sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers."
Ramirez claims she would not have purchased the product or paid what she did for it "had she known the truth."
The lawsuit accuses Kraft Heinz Foods Company of violating state and federal laws against deceptive and unfair trade practices, fraud, false and misleading advertising, breach of express warranty, negligent misrepresentation and unjust enrichment.
The company has not commented on the lawsuit, which is seeking more than $5 million, including statuary and punitive damages, plus interest and costs.
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