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Velvet Class Action Tossed

Amy E. Feldman

Just because your mac and cheese takes slightly longer than three and a half minutes doesn’t mean you’ve got a winning lawsuit.

In 2022, someone filed a class action lawsuit like that last year against the makers of Velveeta microwaveable Shells and Cheese because the packaging says it’s ready in three and a half minutes, but that’s just the microwave time--it doesn’t account for the time to pull off the lid, pour in the water or add the cheese sauce.

The plaintiffs had to prove defendants made a false statement that’s likely to deceive a substantial portion of the audience--not just the dumbest among us--and that the deception is material, in that it’s likely to influence purchasing decisions. You see the problems: first, most people understand Velveeta meant the microwave time. As for material would anyone actually say, wait, plus I have to pull off the lid? Forget it. Who’s got that kind of time? The Court just tossed the case so you are free to unleash the cheese, even though it might take slightly longer than three and a half minutes to make.

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