Wallenstein v. Mondelez International, Inc.
3:22-cv-06033
| N.D. Cal. | Apr 10, 2025Background
- Plaintiff David Wallenstein, representing a class, sued Mondelez International, Inc. and related entities concerning the labeling of certain Wheat Thins products as “100% WHOLE GRAIN.”
- The proposed class consists of individuals over 18 in the United States and its territories who purchased certain Wheat Thins products for personal use between October 13, 2018, and the date notice is published.
- The parties negotiated a nationwide settlement through arm's-length discussions with experienced counsel and a mediator, Hon. Jay Gandhi (Ret.).
- Plaintiffs moved for preliminary approval of the class settlement and conditional certification of a settlement class under Federal Rule of Civil Procedure 23(b)(3).
- The Court reviewed the proposed settlement terms, notice plan, and administration arrangements before granting preliminary approval.
Issues
| Issue | Wallenstein's Argument | Mondelez's Argument | Held |
|---|---|---|---|
| Preliminary approval of settlement | Settlement fair, reasonable, adequate | Not addressed at this stage | Granted; settlement preliminarily approved |
| Class certification for settlement | Rule 23(b)(3) criteria met | Not addressed at this stage | Conditional certification granted |
| Adequacy of class notice | Notice plan meets due process | Not addressed at this stage | Approved as best practicable |
| No admission of liability | N/A (procedural issue) | Settlement not admission of fault | Not a finding/admission of liability |
Key Cases Cited
- Cotter v. Lyft, Inc., 193 F. Supp. 3d 1030 (N.D. Cal. 2016) (Court must scrutinize preliminary approval of settlements rigorously)
- Reyn's Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741 (9th Cir. 2006) (Federal courts may release state law claims arising from same operative facts in settlement)