Kosher food “tax” is a religious tax

[Kosher food and its subsequent “tax scam” is a religious matter, and therefore a religious tax imposed by a minority group of less than 2% of the population.]

USA – Frivolous Kosher law suit

08 Feb 2013

U.S. District Judge Donovan W. Frank on Thursday dismissed a lawsuit alleging that hot dog maker Hebrew National was making false kosher claims because civil courts aren’t legally suited to settle matters of faith, according to court documents.
Plaintiffs in the class-action lawsuit filed last May in Minnesota District Court contended that Hebrew National’s claim that its hot dogs were made from “Premium cuts of 100% Kosher Beef” was bunk because the company’s slaughter and inspection process didn’t comply with the tenets of Kashrut. They sought compensation for consumers who paid a premium for the “kosher” dogs.

ConAgra Foods Inc., parent company of Hebrew National, filed the motion to dismiss arguing that the court lacked jurisdiction to determine the merits.

Frank agreed, noting that the plaintiffs essentially asked the court to determine the validity of the company’s kosher claim, a religious matter that the Supreme Court has barred lower courts from deciding.

“Plaintiffs suggest that Defendant has failed to comply with a somehow “objective” standard of kosher slaughter as defined by Triangle K and AER. The laws of Kashrut, however, and the determination of whether a product is in fact “kosher,” are intrinsically religious in nature,” he wrote in his order.

The plaintiffs did not sue Triangle K, the organization whose Orthodox rabbinical authority certified Hebrew National’s products as kosher, nor AER, whose employees perform the kosher slaughter for the company, Frank noted.

He concluded, “[T]he Court recognizes that its decision likely leaves consumers without a remedy — save opting not to purchase or ingest Defendant’s Hebrew National products, or other products certified by Triangle K — should the allegations in the Amended Complaint prove true.
Nevertheless, whether such products indeed are “100% kosher” is a religious question that is not the proper subject of inquiry by this Court.”