(WWJ) – A Florida woman has filed a lawsuit against Kraft Heinz Foods Company, claiming Velveeta's Microwavable Shells and Cheese Cups take longer to make than the time stated on the box.
Her argument? The packaging states it’s “ready in 3.5 minutes.” But she says that’s only the amount of time it needs to cook in the microwave, and it doesn’t take into account the time it takes to remove the lid, add the water or stir in the cheese sauce.
To many, that sounds like a *cheesy* argument. WWJ Legal Analyst Charlie Langton doesn’t disagree, but said Monday on “Langton’s Law,” the case may have some validity.
“Now, she didn’t say how long the stuff takes, but nevertheless, if you add the water, let the cheese sauce thicken, blah blah blah, it takes longer,” Langton said. “So she is bringing this class action lawsuit.”
Langton says the company says the lawsuit is frivolous.
“The issue in the case really will amount to whether or not the 3.5 minutes as advertised on the mac & cheese is deceptive, false and misleading,” he said. “And specifically, it will require an interpretation of the Consumer Protection Act. Interesting, though, consumers can bring actions if they believe company advertisements are not right, misleading. So this lawsuit, likely taking more than 3.5 minutes, probably has some merit if she’s right.”
“I don’t know how many people are really upset about the mac & cheese taking more than 3.5 minutes. However, apparently the Velveeta people charge a premium because they advertise the 3.5 minutes,” he said.
He says lawsuits like this are often successful, but are also often settled with nominal fees, and he could see Kraft opting to do that and change its packaging.
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