Hebrew National Kosher Labeling Class Action Lawsuit Dismissed Again

On Monday, the class action lawsuit accusing ConAgra Foods Inc. of deceptively labeling Hebrew National hot dogs as kosher was dismissed entirely by a state judge who ruled the court was barred by the Constitution from deciding the matter.

In May 2012, 11 consumers initially filed the class action lawsuit in Minnesota federal court alleging that ConAgra’s Hebrew National hot dogs and other Hebrew National brand products are labeled “kosher,” but that the meat used in them does not meet kosher standards.

At issue, according to the class action lawsuit, was the method by which cattle were slaughtered for the Hebrew National products. The plaintiffs claimed that the meat processing company did not follow kosher slaughter methods, called “kashrut.” The plaintiffs claimed that when the Nebraska-based ConAgra Foods marked Hebrew National packages with a “Triangle K” symbol, it represented to consumers that the contents are kosher “as defined by the most stringent Jews who follow Orthodox Jewish law.”

The Hebrew National class action lawsuit also claimed that ConAgra used the slogan “We answer to a higher authority” to market the products. As a result of the labeling, ConAgra allegedly misled consumers and was able to charge a premium price for the product. The plaintiffs claimed that ConAgra had violated Nebraska’s Uniform Deceptive Trade Practices Act and Consumer Protection Act by allegedly falsely labeling Hebrew National products as kosher.

The Hebrew National class action lawsuit was removed to Minnesota federal court and dismissed in 2013 because the court determined it could not constitutionally make a legal decision on a religious interpretation. The plaintiffs appealed the class action lawsuit to the Eighth Circuit, which determined that the federal courts lacked jurisdiction over the case and returned the case to Minnesota state court.

On Monday, Judge Jerome B. Abrams granted ConAgra’s motion to dismiss. Judge Abrams agreed with the federal courts, holding that the First Amendment’s freedom of religion barred any court from deciding whether Hebrew National’s hot dogs are actually kosher. “It would be unholy, indeed, for this or any other court to substitute its judgment on this purely religious question,” explained Judge Abrams in his 43-page order.

Judge Abrams also found deficiencies in the plaintiffs’ claims for damages due to buying Hebrew National products. “At bottom,” said the judge, “the ultimate remedy for those who feel they don’t have enough confidence in the degree of kashrut observed in the production of [ConAgra’s] products is not to purchase them.”

“No court in this land … can make this judgment,” Judge Abrams continued.

ConAgra had also argued in its motion that federal meat inspection laws preempted the Hebrew National class action lawsuit. Judge Abrams did not address this argument because he did not think the factual record regarding that issue had been established.

The plaintiffs are represented by Anne T. Regan and Hart Robinovitch of Zimmerman Reed PLLP.

The ConAgra Hebrew National Labeling Class Action Lawsuit is Wallace, et al. v. ConAgra Foods Inc., Case No. 19HA-CV-12-3237, in the 1st Judicial District Court of Minnesota.