Jimmy Dean “Whole Grain” English Muffin Sandwich New York Class Action

If a product is labeled “Made with Whole Grain,” what is the proportion of whole grain to other kinds of grain? According to the complaint for this class action, consumers believe that such products are made entirely of whole grain or with at least half whole grain. The complaint thus says the labeling of Jimmy Dean Delights English Muffin Sandwich with turkey sausage, egg white, and cheese is deceptive and misleading.

The class for this action is all those who live in New York who bought the product during the applicable statute of limitations.

Page 2 of the complaint shows the box for the product, prominently labeled “Jimmy Dean Delights.” Below that, in large type, are the words “English Muffin,” and below that, in slightly smaller type, “Made with Whole Grain.”

Consumers these days prefer whole grain foods because they believe they are healthier than refined grains. Whole grains contain the entire grain seed, the endosperm, bran, and germ. Refined grains, like the grains used to make white flour, have been processed to remove the bran and germ, but that is where important nutrients are found. The complaint says these include dietary fiber and “vitamins, minerals and antioxidants such as iron, zinc, folate, magnesium, thiamin, niacin, selenium, riboflavin, manganese, copper, vitamin A, and vitamin B6.”

Refined grains are sometimes then “enriched” to put some of these nutrients back in, such as iron and certain B vitamins. However, some of the vitamins and minerals are still missing. Fiber is also one of the things that is not added back in.

According to the complaint, “[t]he Federal Trade Commission (‘FTC’) and FDA have stated that consumers are likely to perceive whole grain claims to mean that a product is predominantly whole grain.”

The complaint reproduces the Jimmy Dean product’s ingredient panel, showing that the first item is “Enriched Wheat Flour.” The second item is “Water,” and “Whole Grain Wheat Flour” is third. The complaint alleges that the amount of whole wheat flour “in the Product is slightly above two percent of the total weight of ingredients used in the English muffin portion of the product.” It adds, “The Product contains only two grams of dietary fiber per serving, consistent with a food with a de minimis amount of whole grain.”

Also, the complaint claims that since the product contains meat and eggs and makes whole grain claims, the label is subject to approval by the USDA. According to the complaint USDA guidelines requires that if a product wishes to make whole grain claims, a product must contain at least 8 grams of dry whole grain per serving. However, the Jimmy Dean product provides only 5 grams per serving.

The complaint thus alleges that the branding and packaging of the product is meant to mislead consumers.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Jimmy Dean “Whole Grain” English Muffin Sandwich New York Complaint

October 17, 2020

If a product is labeled “Made with Whole Grain,” what is the proportion of whole grain to other kinds of grain? According to the complaint for this class action, consumers believe that such products are made entirely of whole grain or with at least half whole grain. The complaint thus says the labeling of Jimmy Dean Delights English Muffin Sandwich with turkey sausage, egg white, and cheese is deceptive and misleading.

Jimmy Dean “Whole Grain” English Muffin Sandwich New York Complaint

Case Event History

Jimmy Dean “Whole Grain” English Muffin Sandwich New York Complaint

October 17, 2020

If a product is labeled “Made with Whole Grain,” what is the proportion of whole grain to other kinds of grain? According to the complaint for this class action, consumers believe that such products are made entirely of whole grain or with at least half whole grain. The complaint thus says the labeling of Jimmy Dean Delights English Muffin Sandwich with turkey sausage, egg white, and cheese is deceptive and misleading.

Jimmy Dean “Whole Grain” English Muffin Sandwich New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Made with More White Flour than Whole Wheat Flour