Monthly Archives June 2014

Do consumers who buy kosher products for non-religious reasons have a legitimate "beef" with the manufacturer if the product turns out not to be kosher? In Wallace v. ConAgra Foods, Inc., 747 F.3d 1025 (8th Cir. 2014) the plaintiffs brought a putative nationwide class action alleging that food-industry conglomerate ConAgra violated various consumer protection laws by labeling their Hebrew National franks (hot dogs) as “Made with Premium Cuts of 100% Kosher Beef.” The plaintiffs alleged that the kosher inspection process was "defective and unreliable" because of the company's manufacturing quotas.  The district court granted ConAgra's motion to dismiss based on a lack of subject matter jurisdiction, agreeing that the plaintiff's claims were "barred"  because "the determination of whether a product is in fact 'kosher' [is] intrinsically religious in nature." Id. at 1028. The 8th Circuit, however, disagreed and vacated the district court's dismissal because it held that the plaintiffs actually lacked Article III standing,…

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