CHICAGO — Mondelez International, Inc. has agreed to pay $10 million to settle a class action lawsuit alleging it deceptively labeled crackers as “100% whole grain” even though they contained corn starch, a refined grain.

The suit, which was filed in October 2022, centered around claims that consumers bought numerous Wheat Thins products, including original, reduced fat, sundried tomato and basil, big, ranch, hint of salt, cracked pepper and olive oil, and spicy sweet chili since October 2018 believing they had 100% whole grain. However, the lawsuit alleges that these consumers would not have bought the crackers or would have paid less for them had they known the Mondelez labels were false.

In addition to paying millions of dollars to consumers, the settlement requires Mondelez to not use “100% Whole Grain” on Wheat Thins packaging without qualifying that language. The settlement grants Mondelez a “sell through period” of 18 months after the final date to make the label change, allowing the company to sell all existing product and packaging inventory produced before the label change.

A federal judge in Northern District of California granted preliminary approval for the agreement. A final hearing is scheduled for late 2025. If approved, the company will set aside $10 million in cash for a non-reversionary common fund. Consumers with valid claims would receive refunds of $4.50 to $20, depending on if they kept receipts and how many Wheat Thins boxes they bought, the settlement said. The consumers’ lawyers may also seek up to $3.33 million from the settlement fund for fees. Leftover money would go to the Resnick Center for Food Law and Policy at UCLA and to the hunger relief nonprofit Feeding America.

Mondelez has not commented on the settlement.