Judge dismisses $5M lawsuit over Velveeta Shells & Cheese ‘ready time’ claim

MIAMI — A federal judge in Florida on Thursday dismissed a $5 million class-action lawsuit brought against the parent company of Velveeta’s microwavable Shells & Cheese cups, which claimed that the public was misled about the length of time it takes to prepare the meal.

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U.S. District Judge Beth Bloom on Thursday dismissed the lawsuit brought by Amanda Ramirez, of Hialeah, who filed the class-action lawsuit on Nov. 18, 2022, in U.S. District Court for the Southern District of Florida’s Miami Division.

In the lawsuit, Ramirez accused the Kraft Heinz Food 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, according to the Sun-Sentinel.

The lawsuit alleged that the company claimed that the macaroni and cheese cups took 3½ minutes to prepare. The suit claimed that the time limit did not include the amount of time it took to remove the lid, add water and stir in the cheese sauce, WFLA-TV reported.

The lawsuit did not state how long it took Ramirez overall to prepare the cups for consumption.

Ramirez bought a box of eight 2.39-ounce cups at several locations, including a Publix supermarket in Hialeah, “between October and November 2022,” the lawsuit stated.

Ramirez said she paid “a premium price” of $10.99, the Sun-Sentinel reported.

The suit claims that the $10.99 price is higher than similar products that are represented in a “non-misleading way.”

In Thursday’s ruling, the court said that Ramirez “does not allege that she was unable to consume the product or that it was otherwise so flawed as to be rendered useless.”

“In fact, the complaint does not even include an allegation that plaintiff ever attempted to cook the product,” according to the ruling. “Similarly, plaintiff’s complaint contains no factual allegations of the price she might have paid if defendant’s product was not marketed as ready in three and a half minutes.”

The court said that Ramirez failed to demonstrate an injury.

“There is no real and immediate threat of future injury,” the court said.