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Court Partially Dismisses Some Claims in Hillshire’s Jimmy Dean Breakfast Sandwich Suit

Grains resting on a white background.

Top view of three black bowls filled with spelt, oat flakes and flax seeds isolated on white background. This type of food is rich of fiber and is ideal for dieting. The composition is at the right of an horizontal frame leaving useful copy space for text and/or logo at the left. Predominant colors are brown and white. XXXL 42Mp studio photo taken with SONY A7rII and Zeiss Batis 40mm F2.0 CF

Judge Staci M. Yandle of the Southern District of Illinois issued an order on Friday granting in part and denying in part Hillshire Brands’ motion to dismiss several claims of a class-action complaint brought against it for purportedly misrepresenting the whole wheat content of its Jimmy Dean breakfast sandwiches.

The complaint alleges that the label “made with whole grain” on the Jimmy Dean breakfast sandwiches is misleading because the primary ingredient of the sandwich is enriched wheat flour. The complaint accused Hillshire Brands of violating the Deceptive Business Practices Act, negligent misrepresentation, and unjust enrichment.

Judge Yandle ruled to grant Hillshire Brands’ motion to dismiss the following claims: negligent misrepresentation, breach of express and implied warranty, and breach of the Magnuson Moss Warranty Act.

Hillshire Brands is represented by Mayer Brown LLP. The plaintiff is represented by Sheehan & Associates, P.C.

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