If you don’t think America is an overly litigious society, meet Amanda Ramirez.
The South Florida woman recently sued one of America’s biggest food companies for false advertising.
She’s demanding $5 million because she needs longer than 3½ minutes to heat up her microwavable macaroni and cheese.
According to court records, Ramirez filed a class-action lawsuit against Kraft because the 2.39-ounce cup of Velveeta Shells & Cheese she wanted was not “ready in 3½ minutes” as the packaging asserted.
“Consumers seeing ‘ready in 3½ minutes’ will believe it represents the total amount of time it takes to prepare the Product, meaning from the moment it is unopened to the moment it is ready for consumption,” Ramirez’s lawsuit says.
Ramirez contends that preparation actually takes longer because of time spent removing the lid, adding water, and stirring in the cheese pouch, in addition to the 3½ minutes for cooking, The Blaze reported.
Kraft, Ramirez claims, gouged consumers with this alleged misleading promotion because it “sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”
“As a result of the false and misleading representations, the Product is sold at a premium price, approximately no less than $10.99 for eight 2.39 oz cups, excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions,” the lawsuit contended.
Ramirez maintained she would not have bought the mac ‘n’ cheese “had she known the truth” about how long it took to make it.
Her lawyer claimed it was “deceptive advertising plain and simple.”
Yet, she admitted she will buy it again in the future because “its representations are consistent with its abilities, attributes, and/or composition.”
Ramirez seeks a class-action case for consumers in Florida, Alabama, Georgia, North Carolina, South Carolina, Utah, New Mexico, Alaska, Iowa, Tennessee, and Virginia.
Kraft denounced the lawsuit as “frivolous” and added that it will “strongly defend” itself against the allegations.