SAN FRANCISCO (Legal Newsline) — Consumers are alleging in a class action that Nabisco's Wheat Thins are not truly "100% whole grain" as labeled.
David Wallenstein and Montgomery Summa, individually and on behalf of all others similarly situated, filed a complaint Oct. 13 in the U.S. District Court of the Northern District of California against Mondelez International, Inc. Mondelez Global LLC and Nabisco Inc., alleging violation of the California Consumers Legal Remedies Act, breach of express warranty and other claims.
The plaintiffs allege in their class action that the defendants' falsely represent that their Wheat Thins crackers are "100% whole grain" when its primary grain ingredient is cornstarch, which is a refined grain. They claim that the crackers being "100% whole grain" is the "pillar" of the Wheat Thins brand and that the representation is prominently displayed all over the package in large, bold and colorful font.
The plaintiffs further claim that the false representation and marketing of Wheat Thins has caused the product to rise to the top of the cracker and snack market and induces consumers to purchase and pay more for the product. They allege that consumers expect the product to be "100% whole grain" and not contain "some" grain ingredients.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Courtney Vasquez, Dave Fox and Joanna Fox of Fox Law APC in in Solana Beach, California.
U.S. District Court of the Northern District of California case number 3:22-CV-06033-AGT