A Modern Day Moonshine War: Popcorn Sutton vs. Jack Daniels

Popcorn Sutton represents the best of the American spirit.

Marvin “Popcorn” Sutton was the last of his kind. A moonshiner from Maggie Valley, NC, Popcorn embodied the Scots-Irish heritage of the original moonshiners who came to America. He believed in working hard and making his own way.

During his life, Popcorn was frequently seen driving around the Maggie Valley area in his antique pick-up truck, wearing his overalls, long trademark beard and a cigarette hanging from his fingertips. Like the moonshiner’s of old, he believed that as an American, he had the right to make and sell his shine without interference from the government. But that didn’t stop ATF agents from busting him many times. The last time being in January 2009.

At the time of his sentencing, he was already dying of cancer. He felt so strongly about his moonshiner heritage, he committed suicide in March 2009, rather than live out his remaining days in prison.

Today, thanks to Hank Williams Jr., Popcorn’s widow, Pam, and a handful of others, the moonshine recipe is finally legit. Operating as a small distillery serving Georgia, Tennessee, Arkansas and Kentucky, it was first sold in authentic Mason Jars. Somewhere along the way, the distillery switched to bottles and that’s when the trouble began. Liquor giant Jack Daniel’s, who has a reputation for ferociously defending its brand, has gone after Popcorn’s estate for – get this – using a black label with white letters they feel are too similar to its own labeling.  Who knew that Jack Daniel’s owned all rights to the use of black labels with white letters? Although the Mason Jars are more original and representative of Popcorn’s persona, Popcorn always dreamed of selling his “likker” in a bottle, stating it was “too good to be in a jar.”

Jack Daniel’s should back off. After all, the label makes no difference, as most consumers are still sober enough to read while they are making their purchase at the local liquor store.

Popcorn Sutton’s shine was originally sold in Mason Jars.