When we here at Abnormal Use think of “pure” food products, we think of mountain spring water or fresh fruits and vegetables. Never do we think of hot dogs. Never (despite our love of hot dogs). However, the Hebrew National brand of hot dogs claims to be just that. Kosher beef. No fillers. No byproducts. No artificial flavors. In other words, Hebrew National claims to be as “pure” as a hot dog can get. We have nothing against the brand, but we still are skeptical about placing “pure” and “hot dog” in the same sentence. A class of consumers has taken such skepticism a step further and filed suit against ConAgra Foods, Inc., the manufacturer of the Hebrew National brand, claiming that these hot dogs were not, in fact, “kosher.” Last year, a federal district court in Minnesota dismissed the suit on the grounds that the First Amendment barred him from addressing the underlying religious questions. Recently, the Eighth Circuit nixed the dismissal and remanded the case back to the Minnesota court. The case is captioned Wallace v. ConAgra Foods Inc., No. 13-1485 (8th April 4, 2014).
It will be interesting to see what becomes of this suit now that it has gained new life. As we discussed above, we understand the skepticism surrounding claims of hot dog purity. But, these plaintiffs have taken things beyond mere skepticism and actually challenged the religious nature of the process. Here, the plaintiffs take issue with whether ConAgra followed proper religious procedures, despite packaging that claims to “meet a higher standard,” being made by people who “answer to a higher authority.” Interestingly, according to the Chicago Tribune, the plaintiffs do not claim to eat kosher themselves. We guess they are just looking out for those that do. Or, just want a better hot dog.
We are no experts on kosher foods and do not know exactly which part of the hot dog-making process to which these plaintiffs object. We do know that these issues are to be taken seriously. Had these plaintiffs actually followed kosher practices, then we would find some merit behind the claims and understand the trial judge’s reasons for dismissing the matter on religious grounds. But that is not what we have here. What we have are plaintiffs that must have some other standard for their hot dogs. Even if Hebrew National’s claims are not 100 percent accurate (and we have no reason to believe they are not accurate, despite our general hot dog purity skepticism), where have these non-kosher practicing plaintiffs been damaged? Certainly, a 75 percent kosher hot dog must be better than any other hot dog. When it comes to hot dogs, standards are low, anyway, right?
We imagine the plaintiffs are claiming that they paid a premium for the kosher hot dogs. Even if they did, let the plaintiffs tour any other company’s hot dog making plants and they will see that they still got a bargain.