- A federal judge has approved (Law360 subscription required) a $10 million settlement over claims that Nabisco falsely advertised Wheat Thins crackers as containing “100% Whole Grains.”
- The class action against Nabisco was filed in October 2022, alleging that the crackers are deceptively labeled when they actually contain corn starch, which the plaintiffs characterized as a refined grain ingredient, as we previously blogged. According to the plaintiffs, the inclusion of corn starch in the product is misleading because it is derived from the endosperm of corn only and therefore does not meet the definition of a whole grain, which must include the germ, bran, and endosperm.
- Nabisco and its parent company Mondelez filed a motion for summary judgment in December 2024 that claimed the plaintiffs “had not proven with evidence in the record that a reasonable consumer would be misled by the ‘100% Whole Grain’ representation.” In the Settlement Agreement, Nabisco and Mondelez maintain that the labels were not false or misleading.
- In addition to the monetary settlement, Nabisco and Mondelez agreed not to use the unqualified statement “100% Whole Grain” on the eight identified Wheat Thins products.
- Keller and Heckman will continue to monitor and report on litigation related to food labeling and claims.