Kaitlyn Huber filed the lawsuit on April 25, which claims the frozen snacks do not contain real cheese or tomato sauce.
"The name, 'Mini Bagels with Mozzarella Cheese and Tomato Sauce,' is deceptive because mozzarella cheese and tomato sauce, as these terms are understood by consumers and regulations, are not present in the Product or are present in an amount less than expected," the lawsuit reads via PEOPLE Magazine.
Kraft Heinz issued a statement to the TODAY Show addressing and denying the claims.
"Bagel Bites, the perfect bite-sized pizza snack, are made with delicious, high-quality ingredients that our fans know and love," a spokesperson said."We proudly stand by the food we make, and are focused on bringing great products to market. The lawsuit lacks any merit, and we will strongly defend our brand."
Documents from Huber's lawsuit accuse Kraft Heinz of using a "cheese blend" that includes modified food starch, which could mislead buyers to believing the Bagel Bites have 100% mozzarella cheese.
Additionally, the lawsuit notes cornstarch and methylcellulose are added to the tomato sauce to "reduce the amount of tomatoes used by 35%."
Huber is seeking class-action for any Wisconsin, Arkansas and Ohio resident that purchased Bagel Bites "during the applicable statues of limitations" and her lawyer, Spencer Sheehan, told TODAY that he hopes the lawsuit will result in the company removing its "Real" dairy seal moving forward.
"Consumers, especially Wisconsin consumers, know what real mozzarella cheese is and isn't, and they know that real mozzarella cheese doesn't contain food starch. They also know that tomato sauce has real tomatoes," Sheehan said.
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