Wallenstein, et al. v. Mondelez Int'l., Inc., et al.

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.