Jimmy Dean Delights’ English Muffins Not Made with Whole Grains, Class Action Lawsuit Alleges
According to a new class action lawsuit, Jimmy Dean Delights’ English Muffin Sandwiches do not contain the required amount of whole grain to be labeled as “Made With Whole Grain.”
Erin Sanders v. The Hillshire Brands Company
Given that “enriched wheat flour,” rather than whole grain wheat flour, appears first in the product’s ingredients list, a proposed class action lawsuit challenges the description that Jimmy Dean Delights (turkey sausage, egg white & cheese breakfast) sandwiches are made with a significant amount of whole grain.
Erin Sanders, the lead plaintiff, alleges that The Hillshire Brands Company defrauds consumers by classifying its Jimmy Dean Delights breakfast muffin sandwiches as “Made With Whole Grain” when the sandwiches only contain 5 grams of whole grain rather than the required 8 grams to make a claim.
As consumers have grown to favor whole-grain foods, the lawsuit alleges that more product labels are being circulated that misrepresent the volume of whole-grain contained in a given product. In practice, the FTC and FDA claim, consumers are likely to interpret whole grain statements on a product’s label as meaning the item is “predominantly whole grain.”
Despite expectations that the “made with whole grain” claim suggests a product containing at least a minimal amount of whole grains, the complaint says the sandwich does not provide 8g whole grain per serving, nor is the bread part predominantly whole grain.
Misleading Whole-Grain Claims by The Hillshire Brands
As per the Jimmy Dean Delights English Muffins Whole Grain Class Action Lawsuit, the marketing of Jimmy Dean “whole grain” Delights breakfast muffin sandwiches is misleading because the bread part has a high percentage of non-whole grains and a negligible proportion of whole grains, an element that buyers may not determine from the product’s label.
Apart from the small lettering at the bottom of the side of the box showing that the product contains 5 grams of whole grain per serving, no more information is supplied about how much of whole grain is in comparison to the much larger amount of refined grain.
Hillshire Brands is aware of marketing research and understands that many of its consumers purchase products with whole-grain claims on the assumption that they are mostly whole grain or include a large proportion of whole grain, the suit alleges.
The complaint asserts that the value of Jimmy Dean Delights “whole grain” English muffin breakfast sandwiches were “materially less” than that of Hillshire Brands.
The Jimmy Dean Delights English Muffins Whole Grain Class Action Lawsuit contends that the defendant sold more of the sandwich at higher prices than it would have done in the lack of this misconduct, resulting in increased profits at the expense of the consumers.
The plaintiff and proposed class members would not have purchased the sandwich or would have paid less had they known the truth.
Sanders alleges that Hillshire committed fraud, negligent misrepresentation, and unjust enrichment in violation of both 1. The Illinois Consumer Fraud and Deceptive Business Practices Act and 2. The Magnuson Moss Warranty Act.
Editor’s Note on Jimmy Dean Delights English Muffins Whole Grain Class Action Lawsuit:
This article is written to inform you of the class action lawsuit filed against the maker of Jimmy Dean Delights that claims its product was “made with whole grains.” A similar case was also filed against Kirkland Black Raspberry Sparkling Water.
Case Name & No.: Erin Sanders v. The Hillshire Brands Company, Case No. 3:21-cv-01155
Jurisdiction: U.S. District Court for the Southern District of Illinois
Products/Services: Jimmy Dean Delights English muffin
Allegations: The Hillshire Brands Company allegedly misled its Jimmy Dean Delights brand’s consumers into believing that its English muffin sandwich is made with whole grains
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