Nabisco Class Action: Are 'Whole Grain' Saltines Misleading?

Case Overview: A class action lawsuit has been filed against Mondelēz Global, alleging that their Nabisco Premium whole grain saltine crackers are primarily made with enriched flour, not whole grain flour, despite the prominent "Whole Grain" label.

Consumers Affected: Consumers who purchased Nabisco Premium whole grain saltine crackers.

Court: U.S. District Court for the Southern District of New York

Mondelēz Global, the parent company of Nabisco, is facing a proposed class action lawsuit alleging that it has misrepresented the whole grain content in its Nabisco Premium whole grain saltine crackers.

The lawsuit, filed in New York federal court by plaintiff Edna Norment Ransom, claims that the crackers are primarily made from enriched flour rather than whole grain flour, despite prominent packaging claims suggesting otherwise.

Lawsuit Accuses Nabisco Of Misleading Consumers With "Whole Grain" Claims

The central issue in the lawsuit revolves around the labeling of the Nabisco Premium whole grain saltine crackers. According to the complaint, the front of the product packaging prominently displays a "Whole Grain" label, leading consumers to believe that the crackers are predominantly made with whole grain flour.

However, Ransom alleges that the ingredient list reveals a different story, showing that the crackers contain primarily "unbleached enriched flour" with only a negligible amount of whole grain flour.

Ransom, who purchased the crackers from a Walmart store in Monticello, New York, in March 2024, paid approximately $3.70 for the product. She claims that she relied on the "Whole Grain" representation on the packaging, believing the crackers' main flour ingredient to be whole wheat flour. However, upon discovering that the product was mostly made with enriched flour, Ranson alleges that she was overcharged due to the misleading labeling.

What Is The Difference Between Whole Grain Flour and Enriched Flour?

The lawsuit emphasizes the perceived health benefits of whole grain products, arguing that items made with whole grain flour contain key nutrients and vitamins absent in refined flours.

According to FDA regulations, whole grain flour is derived from the entire milled grain seed, which includes the bran, endosperm, and germ. This composition provides essential dietary fiber and nutrients.

In contrast, enriched flour, which undergoes a refining process, loses the bran and germ, resulting in a significant reduction of dietary fiber and other nutrients. Although enrichment restores some lost nutrients, it does not replace the fiber content, a crucial component found in whole grain flour.

The complaint points out that "unbleached enriched flour" does not qualify as whole grain flour under FDA regulations, yet Nabisco’s packaging prominently advertises the crackers as "Whole Grain."

By using large, bold text on multiple surfaces of the packaging, the lawsuit claims Nabisco has misled reasonable consumers into believing that the crackers are made predominantly with whole grain flour. This alleged misrepresentation has, according to the lawsuit, allowed Nabisco to wrongfully profit from consumers who were willing to pay a premium for what they believed to be a healthier product.

“Defendant’s misleading and deceptive whole grain Product claim proximately caused harm to Plaintiff and the proposed class members who suffered an injury in fact and lost money or property by being overcharged for the Products as a result of Defendant’s deceptive Product claim,” the lawsuit argues.

Ranson contends that she would not have purchased the crackers had she known that the primary ingredient was enriched flour rather than whole grain flour.

Lawsuit Seeks To Hold Nabisco Accountable For Deceptive Marketing Practices

Earlier this month, Mondelēz was also hit with a separate class action lawsuit accusing the company of misleading consumers with its "Cocoa Life" program. The lawsuit alleges that despite claims of sustainable and ethical cocoa sourcing, its popular Oreo and Toblerone brand products may be linked to forced labor and environmental harm.

In the Nabisco saltine crackers class action lawsuit, Ransom aims to represent all consumers who purchased Nabisco Premium whole grain saltine crackers in New York within the applicable statute of limitations period.

Case Details

• Lawsuit: Edna Norment Ransom v. Mondelez Global, LLC.
• Case Number: 1:24-cv-06216
• Court: U.S. District Court for the Southern District of New York

Plaintiffs' Attorneys

• Joseph I. Marchese and Israel Rosenberg (Bursor & Fisher, P.A.)    

Have you purchased Nabisco Premium Whole Grain Saltine Crackers? Did you feel misled by the "Whole Grain" label? Share your thoughts and experiences in the comments below.