Embattled Kraft Heinz is facing a class action lawsuit questioning why an affiliate of controlling shareholder and co-owner 3G Capital transferred US$1.23bn of stock six months before the US food giant announced a $15.4bn writedown and a $12.6bn quarterly loss.
Shareholder Steve Walling filed the lawsuit – Walling v Kraft Heinz Co. et al – in the US District Court, Western District of Pennsylvania, this week.
It claims Kraft Heinz executives formerly employed at 3G Capital artificially raised the food giant’s stock price to allow an unnamed 3G affiliate to sell the shares, a practice commonly known as ‘pump and dump’ in the US.
Walling has accused Kraft Heinz, chief executive officer Bernardo Hees, chief financial officer David Knopf, 3G and other named individuals – Paulo Basilio, Vince Garlati, Christopher Skinger and George Zoghbi – of concealing damage to Kraft Heinz’s brands and internal controls.
Class actions are most common where the allegations involve a large number of people who have been ‘injured’ by the same defendant in the same way and allow for the matter to be resolved in a single proceeding through the efforts of a representative plaintiff.
3G, a private-equity fund, co-owns Kraft Heinz with investor Warren Buffett’s Berkshire Hathaway fund.
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By GlobalDataKraft Heinz’ share price sank 27.5% last Friday (22 February) after the company revealed it had taken a $15.4bn writedown, primarily on its Kraft and Oscar Mayer brands and Canadian assets.
After announcing a fourth-quarter loss of $12.6bn, the company further revealed it has faced a US Securities and Exchange Commission probe related to its purchasing and accounting practices.
Kraft Heinz had not replied to just-food’s requests for a response to the lawsuit’s claims at the time of writing.