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 regarding the dismissal order.

December 2016: A federal judge granted the company’s motion to dismiss the amended complaint finding that the new allegations were not plausible and failed to adequately plead a specific statutory violation.

October 2016: A federal judge granted Mondelez’s motion to dismiss. Among other things, the judge found that the named plaintiff did not state a claim of consumer deception based on the Go-Pak packaging because the product labels disclose the net weight and the number of cookies or crackers inside each container. The claims were dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.. Later in October, plaintiffs filed an amended complaint alleging that a significant portion (i.e., more than 25%) of its Go-Paks! containers are empty space and the containers provide consumers with less food than is represented on the labels.

May 2016: A class-action lawsuit was filed against Mondelez for allegedly deceptively packaging Go-Paks, including Mini Chips Ahoy!, Mini Oreo, Golden Oreo Mini, Nutter Butter Bites, Mini Nilla Wafers, Ritz Bits, and Teddy Grahams. Specifically, the complaint alleges that the company makes consumers believe they are purchasing a container “full of the advertised cookies” when, according to plaintiffs, 25% or more of the non-transparent container is empty space. (Bush et al v. Mondelez International, Inc., Mondelez Global, LLC, and Does 1-10, Case No. 16-cv-2460, N.D. Cal.)

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

Mondelez Products

Class Action

Mondelez Products

Allegations: Misleadingly marketing that the company sources cocoa using sustainable practices that “help protect people & planet” when the company uses practices that harm the environment and perpetuate child and…

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

Trident Original Flavor Gum

Class Action

Trident Original Flavor Gum

Allegations: Misleadingly including an image of a blue peppermint leaf on the packaging when the ingredients list reveals the gum does not contain any mint or peppermint ingredients and the…

Wheat Thins

Class Action

Wheat Thins

Allegations: Falsely marketing products as “100% whole grain” when they contain a refined grain ingredient

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 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

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,…

Boxes of Swedish Fish

Class Action

Boxes of Swedish Fish

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…

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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