A woman has launched a $5 million lawsuit against the makers of microwaveable mac and cheese over the company's claims it only takes three and a half minutes to prepare.
The suit filed by Amanda Ramirez, of Hialeah, Florida, lashes out at the instructions saying they don't factor in the other steps required to make the ready meal and the 3.5 minutes is just the time needed in the microwave.
According to court documents, her lawyers claim she “looks to bold statements of value when quickly selecting groceries” and therefore “paid more for the Product than she would have paid and would not have purchased it or paid less had she known the truth.”
The defendant, Kraft Heinz Foods Company, who also make Heinz Baked Beanz, has slammed the class action lawsuit as "frivolous", reports CNN.
“We are aware of this frivolous lawsuit and will strongly defend against the allegations in the complaint,” a Kraft Heinz Foods Company spokesperson told the paper.
The suit centres on Velveeta Shells & Cheese, which are made by the international food company.
The complaint, which was filed at US District Court for the Southern District of Florida on November 18, claims the promise the single-serve cups of the US delicacy would be "ready in 3½ minutes,” is “false and misleading.”
Ms Ramirez’s attorneys argue the 3.5 minutes failes to factor in the other four steps required to prepare the pasta - removing the lid and sauce pouch, adding water, microwaving, and stirring, according to court documents.
The lawsuit alleges the company is unfairly profiting off this false advertising as customers trust the brand to be honest with them.
Will Wright, one of Ms Ramirez’s lawyers, hit back at critics claiming the suit is inconsequential.
"There are a lot of people that may feel this is just a little fibbing and not really a case and I get that," he told NPR . "But we are striving for something better. We want corporate America to be straightforward and truthful in advertising their products."
As well as the $5 million in damages, the plaintiff also seeks punitive damages, asking the company “be ordered to cease its deceptive advertising”, according to court documents.
One of the lawyers behing the case, Spencer Sheehan, is a New York based attorney known for working on similiar cases.
Dubbed the 'Vanilla Vigilante' for questioning the amount of real vanilla in Chobani’s Oat Vanilla and Oat Strawberry Vanilla Yogurt, he has filed cases over issues such as whether Tostitos “hint of lime” chips have enough lime juice to justify the label.
