April 2018: This case was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed.

February 2018: A federal judge dismissed this action finding that:

  • The injunctive relief claims failed because plaintiffs did not have standing,
  • The common law fraud claims failed because plaintiffs did not adequately plead that relying on the allegedly misleading marketing was reasonable because manipulating the package and reading the net weight and quantity on the labels would have “dispelled any misrepresentation as to the amount of food arising from the size of the box”, and
  • The statutory claims failed because plaintiffs did not plead there was a material misrepresentation.

The injunctive relief claims and the common law claims were dismissed When a complaint is dismissed with prejudice, it cannot be refiled. while the statutory claims were dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.. The judge gave the plaintiffs 30 days to amend the statutory claims.

January 2017: A class-action lawsuit was filed against Mondelez International for allegedly using You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.ed boxes for Swedish Fish to make consumers think they are getting more than they actually are. According to the complaint, the cardboard boxes have 63% empty space. (Daniel et al v. Mondelez International, Inc., Case No. 17-cv-174, E.D.N.Y.)

For more information about other class-action lawsuits regarding slack-filled packaging and TINA.org’s coverage of the issue, click here.


Class-Action Tracker

Lorna Doone Shortbread Cookie

Class Action

Lorna Doone Shortbread Cookie

Allegations: Misleadingly marketing cookies as shortbread, which consumers expect to have butter, when the ingredients list reveals the cookies contain vegetable oils instead of butter

Fudge Covered Mint Creme Oreo Cookies

Class Action

Fudge Covered Mint Creme Oreo Cookies

Allegations: Misleadingly marketing cookies as covered in fudge when the covering is missing ingredients essential to fudge and contains ingredients not found in fudge

belVita Breakfast Products

Class Action

belVita Breakfast Products

Allegations: Misleadingly marketing products as nutritious when they contain high levels of added sugar and increase the risk of chronic diseases

Lorna Doone Shortbread Cookies

Class Action

Lorna Doone Shortbread Cookies

Allegations: Misleadingly marketing cookies as shortbread when they are missing an ingredient found in shortbread and contain ingredients not found in shortbread

Boxes of Swedish Fish Candy

Class Action

Boxes of Swedish Fish Candy

In September 2020, a class-action lawsuit was filed against Mondelez International for allegedly misleadingly using You know when you buy a big bag of chips, and you’re all psyched for…

Oreo Cookies

Class Action

Oreo Cookies

July 2020: A federal judge dismissed the Harris case When a complaint is dismissed with prejudice, it cannot be refiled. concluding that the made with “real” cocoa representation was not…

Honey Maid Graham Crackers

Class Action

Honey Maid Graham Crackers

In January 2019, a class-action lawsuit was filed against Mondelēz Global for allegedly misleadingly representing that graham flour (a whole wheat flour) is the primary ingredient in the crackers when,…

Packaging of Go-Paks

Class Action

Packaging of Go-Paks

September 2017: The appeal was voluntarily dismissed, the reasons for which have not been disclosed. (Case No. 17-15126, 9th Cir.) January 2017: The named plaintiff filed a Notice of Appeal…

Nabisco Newton Cookies

Class Action

Nabisco Newton Cookies

May 2015: The Ninth Circuit Court of Appeals affirmed the district court’s dismissal of the case. October 2013: The named plaintiff filed a Notice of Appeal regarding the dismissal. September…

Sour Patch Watermelon Candy

Class Action

Sour Patch Watermelon Candy

October 2016: A federal judge dismissed this complaint finding that the named plaintiff did not have standing (i.e., a proper basis) for injunctive relief, failed to allege an injury, and…

Ginger Snaps Cookies

Class Action

Ginger Snaps Cookies

A false advertising class-action lawsuit was filed against Mondelēz International for allegedly falsely advertising Ginger Snaps cookies. Specifically, the complaint alleges that Mondelēz markets Ginger Snaps as healthful, natural, and…


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