By Jonathan Stempel
(Reuters) - A federal judge on Thursday dismissed a lawsuit accusing Kraft Heinz (NASDAQ:KHC) & Co of misleading consumers by promising it takes only 3-1/2 minutes to prepare a cup of microwavable Velveeta macaroni and cheese.
U.S. District Judge Beth Bloom in Miami said consumer Amanda Ramirez lacked standing to pursue the proposed $5 million class action or force Kraft Heinz to change its packaging.
Ramirez objected to packaging that said her macaroni and cheese would be "ready in 3-1/2 minutes" because it did not include time to remove the lid, add water and stir in a cheese sauce pouch.
Bloom said Ramirez never alleged that she could not eat nor had even tried to cook the Velveeta Shells & Cheese she bought, or that it was "so flawed as to be rendered useless."
The judge also found no threat of future injury because Ramirez, from Hialeah, Florida, now knows that the 3-1/2 minutes represents only the time needed to microwave the product, which directions on the packaging made clear.
She said the product was sold at a "premium price" of $10.99 for eight 2.4-ounce cups, and that she wouldn't have bought it had she "known the truth."
Lawyers for Ramirez did not immediately respond to requests for comment. Kraft Heinz and its lawyers did not immediately respond to similar requests.
The case is Ramirez v Kraft Heinz Foods Co, U.S. District Court, Southern District of Florida, No. 22-23782.