NEW YORK — A Minnesota court is hearing an appeal of a lawsuit arguing that Hebrew National is falsely labeling its products as “100 percent kosher.”
The original lawsuit, filed in May 2012 by 11 plaintiffs claiming fraud and breach of contract, was dismissed in January by U.S. District Court Judge Donovan Frank on the grounds that the issue is religious in nature and therefore not for the courts to decide.
The appeal of the case, Wallace et al v. ConAgra Foods Inc., was heard in St. Paul on Dec. 19 before a three-judge panel of the 8th Circuit Court of Appeals.
According to the plaintiffs’ brief, ex-employees of AER Services, which did the slaughtering for Hebrew National, testified that they were pressured to certify as kosher at least 70 percent of the beef they slaughtered, according to the American Jewish World , the Minnesota newspaper that broke the original story.
An attorney for the plaintiffs argued that the quota undermined ConAgra’s claim that it was producing kosher meat to the highest standards and that ConAgra was defrauding consumers.
Hebrew National is certified by Triangle K as kosher.
AER Services, ConAgra and Triangle K have denied the allegations and blamed disgruntled former employees for trying to sully Hebrew National’s reputation. Their attorneys reiterated their argument that a U.S. court cannot constitute what qualifies as kosher, the American Jewish World reported.
The judges said they would rule on the appeal “as soon as possible,” the paper said.