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My profile on Vienna Beef veep Bob Schwartz a few weeks back prompted a representative of a local law firm to point out that the venerable hot dog concern has just settled a class-action lawsuit accusing it of falsely advertising its natural-casing hot dogs as "100% beef" or "pure beef." Seems that a handful of hot dog eaters who keep kosher (or maybe not--the complaint isn't explicitly clear) discovered that Vienna uses sheep casings and sometimes hog casings on some of its sausages. Lance A. Raphael and the Consumer Advocacy Center to the rescue. The Chicago firm filed a suit accusing Vienna of "misleading advertising and marketing of its 'natural casing' products," and in July Vienna settled.

The punishment? Vienna now must disclose what the casings are made from, take down any old signs and posters claiming pure beef, and are on the hook for $300,000. Aggrieved parties who want a piece of that can submit a claim for $3 for every "Natural Casing Product" consumed since July 2003. Who's eligible?

"All consumers residing in the United States (including the District of Columbia, territories and possessions) who have consumed and/or purchased any Vienna Beef Natural Casing Products and a) did not know that the casing on the Natural Casing Product consisted of pork/hog or sheep intestine and b) would not have consumed and/or purchased the National Casing Product if they had known the product’s casing consisted of pork/hog or sheep intestine."

Claimants must consult their meticulously detailed dog logs and provide the quantity, location, and approximate date of purchase of the offending sausages.

Vienna president Howard Eirinberg wouldn't tell me why they settled, but he did have this to say:

"Vienna Beef has resolved the lawsuit about its natural-casing products. Nonetheless, because our customers are our first and foremost concern, and in the event someone could have misunderstood the nature of our products, we have modified our Web site and marketing information to make Vienna Beef’s product content even more clear."

CAC, for its part, quoted Pulp Fiction to support evidence that some people have strong feelings about pork avoidance.


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Comments
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Kiki
September 19th - 1:06 p.m.
In vieners veritas.
MIMom
September 19th - 6:23 p.m.
I am so disappointed. I loved these hotdogs, and ate them because I trusted them to be Kosher.

"Misunderstood"? How does one misunderstand a sign that says "100% Beef"?
Mike Sula
September 20th - 12:14 a.m.
"I am so disappointed. I loved these hotdogs, and ate them because I trusted them to be Kosher."

As far as I know, Vienna never claimed to be Kosher.
Jodi
September 20th - 7:43 a.m.
Vienna NEVER claimed to be kosher. Who really cares about the casings, anyway? I feel sorry for the company.
kdollarsign
September 21st - 10:10 a.m.
Vienna Beef was founded by two Austrian Jews... the fact that they never claimed explicitly to be kosher is far from the point.

this corporation was riding on a century long reputation of providing all-beef hot dogs and their founders would have never approved of this lazy deception.

Furthermore, in Vienna's motion to dismiss, the poor corporation blames their VENDORS -- mom and pop hot dog stands countrywide -- for hanging the signs they were provided.

do not feel sorry for a corporation that refuses to take responsibility. feel sorry for its vendors and those deceived.
Clarity
September 22nd - 4:54 p.m.
This case would not stand up to appeal. The customer who keeps kosher has the responsibility to inquire if the product is certified kosher. Plus, how many of those who say they live a kosher life actually follow all of Leviticus restrictions? I remember learning about Jews in the Bronx who would pay people to switch on and off lights, ignite burners on the stove and more to get around sabbath restrictions, so I can imagine the same applies for kosher rules. The main point there was and is no intent to defraud. The only thing I don't want in my hot dog is fowl, that meat is too fragile and consists of bone scrapings that degrade quickly.
kdollarsign
September 22nd - 7:24 p.m.
If Vienna had so strong a case, why did they settle? again -- the point of the lawsuit was not and never was that Vienna Beef advertised its products as "kosher" but as "pure beef", claims which were untenable and for which they should be held responsible. I personally do not eat pork. I'm not Jewish. I'm not kosher. I just don't. Nor do I wish to unknowingly eat their intestines in the form of casing.
Hillary
September 23rd - 2:47 p.m.
Vienna products were never kosher but I am still outraged that they were called pure beef when they had pork. There are many people that don't necessarily keep kosher but will not eat pork. It's also less healthy that way...
mhays
September 23rd - 5:29 p.m.
I doubt Vienna intended to defraud anyone: anyone with a cursory knowledge of sausage-making knows that "natural casing" refers to pork or sheep intestine, which is how sausages have been made for centuries - ALL "natural casing" sausages are made with intestine of some sort.

You'd prefer artificial casings, which are made from plastic? Or skinless sausages (a vastly inferior product IMHO)
Clarity
September 24th - 3:03 a.m.
The poster said 'pure beef' but the fact is their claim is "The meat we use inside our sausages is 100% domestic beef and beef trimmings with no fillers, artificial colors or flavorings."
Pork is less healthy? That is 20 years out of date modern pork is leaner than most beef products, it does not contain AA (Omega 6) that makes beef less healthy to consume. I am sorry that they settled, but that was their choice. Caveat Emptor let the buyer beware does not allow for 'outraged' or 'phobia' as legal argument thank heavens.
Mike Sula
September 24th - 11:03 a.m.
"anyone with a cursory knowledge of sausage-making knows that "natural casing" refers to pork or sheep intestine, which is how sausages have been made for centuries"

Indeed. There is no such thing as a beef sausage casing.



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