Class Action Claims Popcorn Indiana Is Mislabeled Since It’s Not Made in Indiana

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Food manufacturer Eagle Family Foods Group faces a proposed class action that claims its Popcorn Indiana product is deceptively named since the snack is neither from nor made in Indiana.

The 12-page case alleges that Eagle Family Foods Group has taken advantage of consumers’ demand for authenticity by naming Popcorn Indiana after a state known for its history and expertise in popcorn production, even though the snack has no real connection to the region beyond the raw materials used. 

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Per the complaint, Indiana is known as the birthplace of popcorn and a modern hot spot for its production. Indiana’s official snack supports local communities as they contribute to the industry’s entire value chain, from growing corn to popping the kernels, the filing explains.

The suit argues that based on its name, consumers expect that the snack is made entirely in Indiana, especially since Popcorn Indiana refers to a specific town in Perry County, known for its history of popcorn production.

“The Product’s earlier labels, which stated, ‘Welcome to Popcorn Indiana. Population 42,’ were effective in causing consumers to believe the popcorn was not only grown but also popped in Indiana,” the complaint says.

Although the “Welcome to” label has been replaced, the case contends that “many consumers know that state names are preceded by names of cities, and may surmise that ‘Popcorn’ in ‘Popcorn Indiana’ refers to a city where the company is from and the Product is made, from start to finish.”

Despite Popcorn Indiana’s allegedly misleading front label, Eagle Family Foods Group admits on its website that the product is manufactured in Waukegan, Illinois, the complaint relays.

As the case tells it, Eagle Family Foods Group has capitalized on consumers’ willingness to pay more for products they believe are authentically connected to a specific place. 

The filing explains that this consumer behavior is based on “an expectation that a product made in the location where it was first developed will be of higher quality and value due to expertise and local knowledge developed in that location” and “a desire to support and maintain local traditions and cultures at the expense of commoditized products.”

The lawsuit looks to represent anyone in Indiana, North Dakota, North Carolina, Utah, Idaho, Alaska, West Virginia, or Montana who purchased Popcorn Indiana during the applicable statute of limitations period.

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