Jimmy Dean ‘Delights’ Can’t Claim They’re Made With Whole Grain, Says Class Action

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Jimmy Dean Delights Class Action Lawsuit Overview: 

• Who: Erin Sanders lodged a class action lawsuit against The Hillshire Brands Company.
• Why: Plaintiff alleges Hillshire mislabels its Jimmy Dean Delights breakfast sandwiches as made with whole grain when they don’t meet the threshold of whole grain to do so.
• Where: The class action lawsuit was filed in Illinois federal court.

Jimmy Dean Delights English Muffin Sandwiches don’t contain the necessary amount of whole grain needed to be labeled as “Made With Whole Grain,” a new class action lawsuit alleges. 

Lead plaintiff Erin Sanders claims The Hillshire Brands Company deceives consumers by labeling its Jimmy Dean “Delights” brand breakfast sandwiches as “Made With Whole Grain*,” when they only contain 5 grams of whole grain, instead of the required 8 grams needed to make the claim for that particular sandwich. 

Sanders wants to represent an Illinois Class of consumers who purchased the Jimmy Dean breakfast sandwiches. 

Jimmy Dean Delights Mostly Made With White Flour, Says Class Action Lawsuit

Sanders alleges that, despite being labeled as “Made With Whole Grain*,” the breakfast sandwiches primary ingredient is enriched white flour, and that whole grain wheat flour is only around 2 percent of the weight of the ingredients used in the English muffin portion of the sandwich.

Per the United States Department of Agriculture, a company may only claim a product that contains meat and eggs is made with whole grains if it contains at least 8 grams of dry whole grain ingredient per labeled serving size, according to the class action lawsuit.  

“The Product does not contain 8g whole grain per serving, nor is the bread part predominantly whole grain, despite the reasonable expectations that the “made with whole grain” claim denotes a product with at least a minimum amount of whole grains,” states the class action lawsuit. 

Sanders claims Hillshire wants consumers to believe Jimmy Dean Delights are made with whole grains because it makes it appear healthier and allows the company to charge a higher price for the product. 

“Consumers increasingly prefer whole grain foods because they are aware of the healthfulness of whole grains relative to non-whole grains,” states the class action lawsuit. 

Sanders claims Hillshire is guilty of fraud, negligent misrepresentation, and unjust enrichment, and is in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, and the Magnuson Moss Warranty Act. 

Plaintiff is demanding a jury trial and requesting relief in the form of monetary damages and statutory and/or punitive damages for themselves and all Class Members. 

A similar class action lawsuit was mounted last month against Pepperidge Farm and Campbell Soup Co claiming the companies misled consumers about the calorie and sugar contents of their Goldfish crackers.

Have you ever paid more for Jimmy Dean Delights brand breakfast sandwiches because they were labeled as made with whole grain? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Jimmy Dean Delights False Advertising Class Action Lawsuit is Sanders v. The Hillshire Brands Company, Case No. 3:21-cv-01155, in the U.S. District Court for the Southern District of Illinois.

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