Litigation Stretched by ‘Unreasonable Positions’
Over the course of the two-year fight, plaintiffs’ attorneys secured class certification, defeated Nabisco’s and Mondelez’s failed Ninth Circuit bid to appeal the certification order, and opposed the companies’ motion for summary judgment.
Days before the scheduled hearing on that motion — and mere months before trial — the parties announced a deal in principle and asked the court to halt proceedings.
Judge Chhabria remarked that defendants’ conduct contributed heavily to the drawn-out litigation.
“There was a lot of really unnecessary expense that the plaintiffs needed to undertake as a result of a number of unreasonable positions taken by the defendants,” he said, noting the critique applied to prior counsel, not current attorneys at Crowell & Moring LLP.
Court filings show Baker McKenzie previously represented Nabisco and Mondelez. Crowell took over representation at the end of 2024.
What the Settlement Provides
Beyond the $10 million fund, the companies agreed to stop using the phrase “100% WHOLE GRAIN” without qualifiers, a form of injunctive relief the judge described as another win for consumers.
“The settlement is a good settlement … and I will approve it all,” he said.
No class members objected or opted out, according to the motion for final approval.
