Wallenstein, et al. v. Mondelez Int'l., Inc., et al.
Case No. 3:22-cv-06033-VC
United States District Court for the Northern District of California
IF YOU PURCHASED CERTAIN WHEAT THINS PRODUCT(S) FROM OCTOBER 13, 2018 – MAY 9, 2025, A CLASS ACTION SETTLEMENT MAY AFFECT YOUR RIGHTS
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You are not being sued. This is not a solicitation from a lawyer.
- A proposed Settlement has been reached in a class action lawsuit called Wallenstein, et al. v. Mondelez Int’l., Inc., et al., pending in United States District Court for the Northern District of California. The case alleges that Defendants’ Mondelez International, Inc., Mondelez Global, LLC, and Nabisco, Inc. (collectively, “Defendants” or “MDLZ”) labeling of Wheat Thins crackers as “100% WHOLE GRAIN” is false and misleading and consumers suffered harm or injury. On September 25, 2024, the Hon. Vince Chhabria of the Northern District of California certified a Class of all California purchasers of Wheat Thins from October 13, 2018, to present.
- Two other Actions have been filed that allege similar claims in the United States District Court for the Southern District of New York, called Werner v. Mondelez Int’l., Inc., et al., Case No. 1:24-cv-06957-AT, and in the United States District Court for the Northern District of Illinois, Eastern Division, called Blanco, et al. v. Mondelez Int’l., Inc., et al., Case No. 1:24-cv-13193. These cases have not yet been certified. Collectively, the Wallenstein, Werner and Blanco Actions are referred to as the “Actions.”
- Plaintiffs have yet to prove any of its allegations in Court. MDLZ denies all claims and allegations in the Actions. However, MDLZ has agreed to settle this case to avoid the expense and disruption associated with further litigation.
- You are included in the Settlement if, you are an individual 18 years or older in the United States and U.S. Territories who, during the Class Period (as defined herein), purchased one of the Class Products in the United States for personal use, and not for resale or distribution.
- The Class Products that are included in the Settlement are: Original Wheat Thins, Reduced Fat Wheat Thins, Sundried Tomato & Basil Wheat Thins, Big Wheat Thins, Ranch Wheat Thins, Hint of Salt Wheat Thins, Cracked Pepper & Olive Oil Wheat Thins, and Spicy Sweet Chili Wheat Thins bearing the representation “100% WHOLE GRAIN” on the label.
- To settle the Actions, MDLZ has agreed to:
- Pay ten million dollars ($10,000,000) to a Settlement Fund to pay the following: all Settlement expenses, including Cash Payments to Class Members; Notice and Claim Administration Expenses; Fee Award; and Service Award. If the total value of all Approved Claims exceeds the funds available for distribution to Class Members, then the amounts of the Cash Payments will be reduced pro rata, as necessary; and
- MDLZ also agrees to the following Label Change: MDLZ agrees not to use the representation “100% WHOLE GRAIN” either by itself or before the brand name “Wheat Thins” without other qualifiers on the package of the Class products.
Your legal rights will be affected regardless of whether you do or do not act.
Read this website carefully.
This website summarizes the Settlement and explains the following rights and options—and the deadlines to exercise them.
Your Legal Rights and Options in this Settlement | |
Submit Claim | You must submit a Claim to get money from this Settlement. Claim Forms must be submitted online or postmarked by July 7, 2025. |
Do Nothing | If you do nothing, you remain in the Settlement, you give up your rights to sue Defendants about the same legal claims made in this lawsuit, and you will not get money from the Settlement. |
Exclude Yourself (“Opt Out”) | Get out of the Settlement. Get no money from the Settlement. Keep your rights. |
| Object | Stay in the Settlement, but tell the Court why you think the Settlement should not be approved. Objections must be submitted on or before July 7, 2025. |
Go to a Hearing | You can ask to speak in Court about the fairness of the Settlement, at your own expense. See Frequently Asked Questions 17-19, for more details. The Final Approval Hearing is scheduled for December 11, 2025, at 2:00 p.m. PT. |
The Court in charge of this lawsuit has preliminarily approved the Settlement and will hold a hearing to make a final decision to approve it. The proposed relief offered to Class Members will be provided only if the Court gives final approval to the Settlement and, if there are any appeals, after the appeals are resolved in favor of the Settlement.