Woman Is Suing Kraft Mac And Cheese Because It Takes Too Long To Make

Not surprised. In our world of instant gratification, instant replies, instant notifications, instant news, instant fame, and instant oatmeal,
here's a woman seeking an instant fortune. This will be an instant dismissal in court for Amanda Ramirez. I don't think she's done. We'll hear from Amanda again, maybe not in an instant.

My mother-in-law worked for Kraft in New York for over 25 years as a secretary. One day, opening the top of a filing cabinet, the entire file cabinet fell on her, crushing one leg. It was so damaged, she was never able to return to work. She sued Kraft for damages. Kraft's defense was that she should have opened the bottom files first to balance the file cabinet. Nonsense! Her attorney proved that the file cabinet should have been anchored to the wall. Kraft finally settled. That was a legitimate law suit.
 

If the court does not throw this out I will loose more faith in the system
The Brits have a very useful system that would most likely have prevented this lawsuit from being filed — it’s commonly called Loser Pays. Very simply, if I sue someone and I lose the lawsuit I have to pay the legal fees incurred by the entity I sued. Whoa! Under those circumstances I might think twice, maybe three times, before suing someone. This policy has been adopted in many countries around the world, but not here. Guess who opposes it. The lawyers of course.
 
The Brits have a very useful system that would most likely have prevented this lawsuit from being filed — it’s commonly called Loser Pays. Very simply, if I sue someone and I lose the lawsuit I have to pay the legal fees incurred by the entity I sued. Whoa! Under those circumstances I might think twice, maybe three times, before suing someone. This policy has been adopted in many countries around the world, but not here. Guess who opposes it. The lawyers of course.
That is called the English Rule, mentioned in my post 33 link.
 

Kraft should be sued. Maybe not over the 30 second discrepancy of preparation time, but for selling a product of mush, rather than what it started out to be when I was a kid. I suppose tastes change, but this change is to big to be accounted for by aging taste buds. It's not the same product.

I do confess, I used to think Velveeta Cheese was the ultimate cheese, better than anything that came out of Switzerland or Wisconsin. My mother bought it once in a while for special cooking purposes, and I used to beg her to buy it all the time, because it was the best cheese. She told me I was wrong though, in fact, very very wrong, which is something she seldom did, but it turns out she was right. I don't know what I was thinking. Maybe my tastes changed, but more likely, I didn't have enough information, and I had not yet tasted mozzarella when it comes on a New York style pizza made by real Italians.
 
To be fair, Kraft did say 3 1/2 minutes. Why say that if it can't be done? I know, I know, truth in advertising is a sliding scale, if anyone even bothers. Why not change the claim to 1 minute? That's only 3 minutes off actual time. On the other hand 1/2 minute for everyone making the dish, collectively comes out to years of extra time on a global scale. Hence, the class action suit.
 
To be fair, Kraft did say 3 1/2 minutes. Why say that if it can't be done? I know, I know, truth in advertising is a sliding scale, if anyone even bothers. Why not change the claim to 1 minute? That's only 3 minutes off actual time. On the other hand 1/2 minute for everyone making the dish, collectively comes out to years of extra time on a global scale. Hence, the class action suit.
..however it can be made in 3.5 minutes.. just because someone else doesn't like the taste or texture at 3.5 minutes doesn't make Krafts' claims false...
 
..however it can be made in 3.5 minutes.. just because someone else doesn't like the taste or texture at 3.5 minutes doesn't make Krafts' claims false...
But it can't be made in 3.5 minutes, which is why the claimant was suing. The other thing about product quality was just me using the thread as an opportunity to express an opinion. I'm not taking anyone to court.
 
It does take 3.5 minutes to cook... the essence of the woman's claim is that because she has to open the packet, and walk a few steps to the hob.. and fill the pan with water.. it takes longer than 3.5 minutes for it to be ready for her.......and she needs $5 million to compensate for that.. :ROFLMAO:


The product’s instructions say to microwave the cup for 3½ minutes. But Ramirez’s attorneys argue this number doesn’t account for 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 additional steps mean it’s impossible for the mac and cheese to be ready in just three and a half minutes, according to the complaint.

Kraft Heinz Foods Company dismissed the lawsuit as “frivolous” in a statement.

“We are aware of this frivolous lawsuit and will strongly defend against the allegations in the complaint,” a Kraft Heinz Foods Company spokesperson told CNN Monday.

The lawsuit alleges that Kraft is unfairly profiting off of false advertising on the cups, especially because customers trust the well-known brand to be honest with them.


Ramirez’s lawyers argue that the company sells the product at “a substantial price premium” while using its “misleading” marketing of “‘ready in 3½ minutes,’ which instantly catches the eye of all reasonable consumers.”

Customers are paying more than they otherwise would because of the three and a half minutes claim, the lawsuit alleges.

Ramirez “is like many consumers who seek to stretch their money as far as possible when buying groceries,” the complaint states. But because of the time claim, she “paid more for the Product than she would have paid and would not have purchased it or paid less had she known the truth.”

In addition to the $5 million in damages, the plaintiff also seeks punitive damages from Kraft Heinz Foods Company and asks the company “be ordered to cease its deceptive advertising” as well as “be made to engage in a corrective advertising campaign” according to court documents.
 
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To be fair, Kraft did say 3 1/2 minutes. Why say that if it can't be done? I know, I know, truth in advertising is a sliding scale, if anyone even bothers. Why not change the claim to 1 minute? That's only 3 minutes off actual time. On the other hand 1/2 minute for everyone making the dish, collectively comes out to years of extra time on a global scale. Hence, the class action suit.
A lawsuit like this would Never have been brought in most modern countries, other than the US. Do you have any thoughts on the advisability of adopting the English Rule (Loser Pays) in the United States?
 
A lawsuit like this would Never have been brought in most modern countries, other than the US. Do you have any thoughts on the advisability of adopting the English Rule (Loser Pays) in the United States?
Does English law permit a Judge to sanction an Attorney who files a frivolous complaint or Party that is deemed a Vexatious litigator?
 
In the US, I can sue you for $10,00,000 because I don't like the sound of your name. But, just initiating a lawsuit does not guarantee the outcome. Surprisingly, our legal system is quite sensible, so if she doesn't have a credible case, it'll get tossed. A lot of people think big corporations fork over cash to settle "frivolous' lawsuits, because it's cheaper to settle than to go to court. When Kraft has 100s of lawyers already on retainer, it isn't.
 
@hollydolly - I don't eat the stuff, although it probably has a shelf live of 20 years. Hmmm I wonder what the expiration date is on the box? I wonder if it's accurate? I can see millions coming my way.

Well, I can answer that question. The Spousal Equivalent just brought home a small "brick" of Velveeta (16 ounces...almost $5!) today to use in some recipe he found on the internet. The expiration date is May 28, 2023.

My mother used a lot of Velveeta when I was a kid because it was cheap. Not so today.

I hear some people referring to "commodity cheese" they ate as kids because it came from the government. Was that like Velveeta?
 
Oh looky here.. the SAME woman is suing Kraft for ''deceptive and fraudulent packaging on ''Velveeta Shells & Cheese''...

velveeta-te-221128-6fe04b.jpg

Velveeta’s tagline might be “liquid gold,” but a woman in the sunshine state has declared the company owes her quite a few pieces of silver.

On Nov. 18, Florida resident Amanda Ramirez sued the Kraft Heinz Company for at least $5 million over what she claims is deceptive and fraudulent packaging. Ramirez says that since Kraft’s Velveeta Shells & Cheese Microwavable Shell Pasta takes longer than 3-and-a-half minutes to prepare even though its packing states “ready in 3½ minutes,” that constitutes fraud.


“To provide consumers with a Product that is actually “ready in 3½ minutes the Product would need to be cooked in the microwave for less than 3-and-a-half minutes, so that all the preparation steps could be completed in the 3-and-a-half minutes timeframe,” reads the lawsuit filed in the U.S. District Court for the Southern District of Florida.

In the suit, the mac and cheese’s five instructions that appear on the product packaging are listed, from removing the lid, adding water, microwaving it, then stirring in a powder cheese sauce into the resulting cooked pasta.

What the plaintiff focuses on is the fifth instruction, “cheese sauce will thicken upon standing” which they say constitutes a longer “ready” time than the packaging claims.


https://www.today.com/food/news/velveeta-class-action-lawsuit-rcna59058
 


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