Sidley successfully obtained a dismissal on behalf of Eagle Family Foods Group LLC in a putative consumer class action brought in the U.S. District Court for the Southern District of Indiana. The plaintiff alleged that Eagle Family Foods Group misled consumers by marketing “Popcorn Indiana” brand products as being made in Indiana by an Indiana company, when in fact the popcorn is made elsewhere. The complaint asserts violations of Indiana’s and other states’ consumer protection statutes, breach of express and implied warranties, violation of the Magnuson-Moss Warranty Act, negligent misrepresentation, fraud, and unjust enrichment. Sidley moved to dismiss the complaint in its entirety on several grounds, and on August 29, 2023, the Court dismissed the case in its entirety without prejudice, siding with our client on every claim. The plaintiff did not try to amend the complaint and dismissed the case on Friday, September 8, 2023, securing an important defense win for Eagle Family Foods Group.
The Sidley team was led by partners Beth Chiarello (Chicago) and Amy Lally (Century City), and included associate Thomas Weber (Chicago).