Class Action Lawsuit Says Jimmy Dean ‘Whole Grain’ Claims Misleading

Jimmy Dean English muffins are falsely advertised as whole-grain foods, says a new class action lawsuit lodged against The Hillshire Brands Company.

Lead plaintiff Christopher Wargo alleges in the complaint that Hillshire sells a breakfast sandwich under the Jimmy Dean “Delights” label that contains eggs, cheese and turkey sausage. Hillshire allegedly courts health-conscious consumers by claiming the English muffin it uses for the product is “whole grain,” but the plaintiff says the advertising is misleading.

According to the class action lawsuit, the first ingredient in the Jimmy Dean English muffin breakfast sandwich is enriched wheat flour and does not qualify as one of the whole-grain foods consumers expect from the product’s marketing.

“The marketing of the Product is misleading because the bread portion contains mostly non-whole grains and contains only a small amount of whole grains,” the complaint states.

The plaintiff says he and other consumers paid almost $6 for a box of the English muffin breakfast sandwiches, in part because of the “whole grain” advertising on the package, including a statement on the front label that says “MADE WITH WHOLE GRAIN.”

Hillshire Capitalizes on Health-Conscious Consumers

The class action lawsuit contends that the food maker knows consumers purchase food they think is healthy, including whole-grain foods. The packaging on the Jimmy Dean “Delights” English muffin breakfast sandwich dupes these health-conscious consumers into purchasing the product.

“Defendant is familiar with marketing research and knows that many of its customers purchase foods with whole grain claims because they believe such products are predominantly whole grain or contain a non-de minimis amount of whole grain,” the class action lawsuit asserts.

According to the class action lawsuit, federal regulators have stated consumers think food that is advertised as made with whole grains is mostly made of the grain.

“This consumer misperception was recently confirmed by an independent study of consumer perception of wholegrain claims,” the class action lawsuit notes. “Respondents showed substantial difficulty in estimating whole grain content of products found in the marketplace and overestimated the amount of whole grains relative to refined, enriched grains.”

In addition, other consumer surveys have found American consumers are increasingly health conscious and trying to add more whole-grain foods to their diet, the class action lawsuit says. The complaint notes one 2015 survey revealed 65% of Americans have increased their whole-grain foods consumption, in line with national dietary recommendations that say 50% of grains consumed should be whole.

“Since consumers are seeking more whole grain products, there are more labels which misrepresent the amount of whole grain they contain,” the class action lawsuit alleges.

Indeed, the plaintiff says he and other consumers relied on the product’s packaging when deciding to make their purchase, including representations about the whole-grain content of the food.

Wargo argues he and others would not have purchased or paid as much for the Jimmy Dean breakfast sandwich had they known it only contained a bare minimum of whole grains.

“The value of the Product that plaintiff purchased and consumed was materially less than its value as represented by defendant,” the class action lawsuit states. “Had plaintiff and class members known the truth, they would not have bought the Product or would have paid less for them.”

English Muffin Violates USDA Whole Grain Regs?

In addition to misleading consumers, the plaintiff claims the marketing of Jimmy Dean “Delights” English muffin breakfast sandwiches violates U.S. Department of Agriculture (USDA) regulations.

“To make a whole grain claim under the USDA rules a product must contain a minimal quantity of the whole grain component — at least 8 grams of dry whole grain ingredient per labeled serving size of the meat or poultry product as declared in the nutrition facts panel on the label,” the class action lawsuit notes.

The Jimmy Dean English muffin breakfast sandwich only contains 5 grams of fiber, as indicated on the side panel of the product, the plaintiff points out .

The class action lawsuit seeks to represent residents of New York who purchased Jimmy Dean “Delights” English muffin breakfast sandwiches.

Have you purchased Jimmy Dean English muffin breakfast sandwiches? Do you think they were misleadingly advertised as a whole-grain food? Tell us in the comment section below.

The lead plaintiff and proposed Class Members are represented by Spencer Sheehan of Sheehan & Associates PC.

The Jimmy Dean Whole Grain Food Class Action Lawsuit is Wargo v. The Hillshire Brands Company, Case No. 7:20-cv-08672, in the U.S. District Court for the Southern District of New York.

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