The manufacturer of Whole Grain Cheez-Its is being sued by three women who claim they were deceived upon buying the crackers because the main ingredient was enriched flour and not whole grain.

According to news reports, Linda Castle and two other plaintiffs are suing Kellogg's because the Cheez-Its box labeled "Whole Grain" or "Made with Whole Grain" only contains 5 to 8 grams of whole grain for each 29-gram serving. In their filing, the plaintiffs claim they were injured in fact because the crackers were worth less than what they paid for them. The plaintiffs are seeking "damages, other monetary relief, declaratory relief, and an order enjoining Kellogg's from continuing its false and misleading marketing."

In 2017, a federal judge dismissed the claim, ruling that the "Whole Grains" wording was factually correct. Recently, however, the U.S. Court of Appeals for the Second Circuit reversed the dismissal, noting that a reasonable consumer would think Cheez-It Whole Grain crackers were made with "predominantly whole grain."

The Second Circuit remanded the case for further proceedings. The plaintiffs are demanding a jury trial and want the court to certify a class.

—Source: The Wall Street Journal