A lawsuit has been filed against a major snack company, accusing it of misleading consumers with false advertising claims. On December 23, 2024, plaintiffs Ivan Blanco and Kathryn Swiggum submitted a class action complaint in the United States District Court for the Northern District of Illinois against Mondelez International, Inc., Mondelez Global, LLC, and Nabisco, Inc. The plaintiffs allege that these companies falsely marketed Wheat Thins crackers as "100% Whole Grain," when in fact they contain refined grains such as cornstarch.
The crux of the case lies in the assertion that Mondelez's representation of Wheat Thins as "100% Whole Grain" is both false and misleading. According to the complaint, one of the primary grain ingredients in Wheat Thins is cornstarch—a refined grain that cannot be classified as whole grain by any definition. This misrepresentation is prominently displayed on product packaging and used extensively across marketing materials, which plaintiffs argue has deceived consumers into purchasing these products under false pretenses.
Plaintiffs Blanco and Swiggum claim they were misled by this labeling when purchasing Wheat Thins over several years from various grocery stores in Illinois and Florida. They believed that all grain ingredients in the crackers were whole grains based on the packaging claims. The lawsuit argues that had they known about the inclusion of refined grains like cornstarch, they would not have purchased the products or would have paid less for them.
The complaint outlines how Mondelez's actions allegedly violate consumer protection laws in Illinois and Florida. Specifically, it accuses Mondelez of breaching express warranties and engaging in deceptive business practices under both states' statutes. Plaintiffs seek compensatory damages for themselves and other affected consumers who bought Wheat Thins under similar misconceptions. They also request statutory penalties where applicable, along with attorneys' fees and litigation costs.
Representing Blanco and Swiggum are attorneys Daniel J. Biederman Jr., Dave Fox, Joanna Fox, and Courtney Vasquez from Fox Law APC. The case was filed under Case ID 1:24-cv-13193 but has yet to be assigned a judge or magistrate judge.