EAST ST. LOUIS, Ill. (Legal Newsline) - A class action lawsuit against Hillshire Brands says its English muffins are mislabeled.
Erin Sanders, individually and on behalf of all others similarly situated, filed a complaint on September 18 in the U.S. District Court for the Southern District of Illinois against The Hillshire Brands Company for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breaches of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, negligent misrepresentation, fraud and unjust enrichment.
According to the complaint, the Hillshire Brands Company manufactures, labels, markets, and sells breakfast sandwiches with a purported “whole grain” English muffin under their Jimmy Dean brand.
The relevant front label representations include “English Muffin,” “Made With Whole Grain,*” “18g Protein Per Serving – Excellent Source of Protein,” a picture of the product and “Turkey Sausage, Egg White & Cheese Sandwich.”
Sanders alleges that consumers increasingly prefer whole grain foods because they are aware of the healthfulness of whole grains relative to non-whole grains as whole grains are nutritionally superior. In the ingredient list, the “whole grain” English muffin's first ingredient is listed as being enriched wheat flour, making it not "whole grain." Sanders alleges that the defendant sold more of the product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.
Sanders seeks preliminary and permanent injunctive relief; injunctive relief to remove, correct and/or refrain from the challenged practices and representations, and restitution; monetary damages, statutory and/or punitive damages; and costs and expenses, including reasonable fees for plaintiff's attorneys. Sanders is represented by Spencer Sheehan of Sheehan & Associates, P.C.
U.S. District Court Southern District of Illinois East St. Louis Division case number 3:21-cv-01155-SMY