Ball Park or Oscar Meyer?

Members of my firm's DC trial team are in Chicago litigating this case that was reported in today's AP wire:  Sara Lee v. Kraft.  There hasn't been this much hot dog controversy since Genghis Khan invented the morsel by ordering his butcher to prepare THAT part of the hound. 

In this weiner-take-all battle royale, which side gets NCKA's mandoggie vote?

~~~~~

Legal beef: Sara Lee, Kraft escalate wiener war

CHICAGO (AP) — The nation's two largest hot dog makers took their legal beefs on Monday to federal court, where a judge will determine whether Oscar Mayer or Ball Park franks broke false-advertising laws in their efforts to become top dog.

As the bench trial got under way, U.S. Magistrate Judge Morton Denlow cast his eyes across the Chicago courtroom, where half a dozen attorneys were at opposing tables, and said, "Let the wiener wars begin."

The battle pits Chicago-area companies Sara Lee Corp., which makes Ball Park franks, against Kraft Foods Inc., which makes Oscar Mayer, in a case that could clarify how far companies can go when boasting that their product is better than a competitor's.

Despite the light-hearted remark by the judge, attorneys for the food makers struck a serious tone.

"There's never been anything of this scope . . . in the entire history of hot dogs," said Sara Lee's attorney, Richard Leighton, about what he described as Kraft's false and deceptive ad claims about making a better-tasting frank.

Sara Lee had fired the first volley in a 2009 lawsuit singling out Oscar Mayer ads that brag its dogs beat Ball Park franks in a national taste test. Leighton argued the tests were deeply flawed, including by serving the hot dogs to participants without buns or condiments.

"They were served boiled hot dogs on a white paper plate," he complained. He added that Sara Lee's hot dogs may well have tasted too salty or smoky eaten sans buns.

Kraft filed its own lawsuit in 2009, alleging that Sara Lee ran false and deceptive ads including a campaign in which Ball Parks are heralded as "America's Best Franks." The ad further asserts that other hot dogs "aren't even in the same league."

Another focus of the trial is Kraft's claim that its Oscar Mayer Jumbo Beef Franks are "100 percent pure beef." Sara Lee says the claim is untrue, cast aspersions on Ball Park franks and damaged their sales.

Kraft defends the "100 percent pure beef" tag, saying its intent was to state that the only meat used is beef. Some industry hot dogs include a mix of turkey, pork, chicken or other meats. Kraft further argues that the "pure beef" label is justified because surveys show a perception among some consumers that hot dogs contain "mystery meats."

Denlow interrupted Sara Lee's attorney several times in his opening statements.

"Don't we have here a couple of big hot dog companies just saying they are the best?" Denlow said at one point. "Is there something more unusual going on here than what goes on every day?"

Leighton responded that Kraft's alleged manipulation of the taste test and how it then based a massive advertising campaign on it in 2009 made the case unique.

At another point, Denlow said one could argue Sara Lee engaged in similar practices, including by basing its claims of being the No. 1 hot dog by citing in its ads an award given to Ball Park franks by ten leading chefs in San Francisco.

"And how would ten chefs in San Francisco know what the best hot dog is when they have never been to Chicago or tasted a Chicago hot dog?" Denlow said, cracking a smile.

The judge broached that subject again later, alluding to a rule among connoisseurs in the city never to put ketchup on a Chicago-style hot dog.

When Leighton suggested those participating in the Kraft hot dog tests should also have had the option of squirting ketchup on their dogs, Denlow interrupted, saying "That's an area of great debate."

Both parties sound nuts 

Some industry hot dogs include a mix of turkey, pork, chicken or other meats.

I found this interesting....I think its pretty well accepted that the us standard is beef, pork, chicken and turkey, what exactly are the "other" meats being used?

I take objection to your poll. It is deeply flawed. Everyone knows that Alpine hot dogs are the best. In addition a further poll is needed on bun type of white bread vs potato and mustard, ketchup and relish comparisons.

 

-Brian Ketchup Alpine on Potato Bread Bunned G

ball parks are more plump

Both parties sound nuts 

No Art, "nuts is treated by a completely different practice group.   

And your question highlights one of the triable issues re: Kraft's claim to an all beef weiner.  Can a dog be considered "all beef" if it includes non-bovine preservatives, flavorings, and color additives? 

Sounds ridiculous, i know, but its good work for a lawyer if you can get it  x 10

Just wanted to add this.....The TRUE definition of a "man dog"

Re: Del Valle - NCKA "Fishin" and "Chillin" 10/12-10/14
« Reply #97 on: October 18, 2007, 08:49:57 am »
QuoteModifyRemoveSplit Topic
OK...since I'am the CREATOR of the Man-Dog....I will provide the "official" definition.....

The Man-Dog:

1) Has to be longer than the hot dog bun itself (no need to go crazy on the lenght of the dog itself...after all, not all dogs are gifted )
2) Has to be circum-sliced (by Mooch himself or anyone approved by the Mooch)
3) Ketchup IS the KEY ingredient regardless of what anybody says! (mustard and relish is simply an add on)
4) When the Man-Dog is topped with the extra "bling bling" (Fish Hunter's chili beans with some shredded cheese) then the Man-Dog has now been upgraded to "Man-Dog with extra Bling"


I'll be coming up with a book (DVD also available) on the proper techniques of prepping the Man-Dog...and I will also be doing a book-signing at the local mall the weekend after the release of the said book. If you want a free copy with my autograph, send me a PM.....and I'll see what I can do.


By the way, I'd like to add on to rule # 3 (because I'm the creator,thus, I CAN)

*Ketchup should not only be "poured" but "smeared" (with a proper knife) "into" the ridges of the man-dog.

Only people I trust to make a good dog is...



The Jews! 

of the two, i prefer oscar meyer but neither is anywhere close to the best. Of the dogs available at the big grocery stores, I like caspers. I give'em a squirt of both mustard and ketchup, then load em up with pickled sliced jalapeno. They even have them in the big packs at costco.

Mooch did you have to post a picture of my 11" weenie jeez what kind of site is this.

Don't know about the argument but I know Ballpark's make better catfish bait

Martin

I think you may have gotten mad cow disease from all the undercooked beef combo pho.  Say hey to Crystal and Tobey for me.

Scott

ever since they told me "Oh I want to be an Oscar Meyer Weiner" I have avoided them.  Don't f'ing tell me what to do 

Mooch Mooch Mooch.  Mustard is the key 

OK ... Hot Dogs for everyone after the Caples event ... My treat

Sent from my HTC Aria

Only people I trust to make a good dog is...



The Jews! 

   yep, first thing i thought of when I saw this was Hebrew National!

and my second thought:  So this is what the courts are wasting their time ($$$) with???

I found this interesting....I think its pretty well accepted that the us standard is beef, pork, chicken and turkey, what exactly are the "other" meats being used?

gizzards.

Martin:
Too bad it's not your trial...  Sounds more interesting than whether Apple infringed on HTC's patents, or vice versa.  Does your firm have a practice group for litigating who has the best lingerie?  If so, I'm going back to firm life!   
thx for sharing.

On a serious note, I haven't eaten either in years.  I prefer Miller's.

OK ... Hot Dogs for everyone after the Caples event ... My treat

Cool, but what kind?!   

I think you may have gotten mad cow disease from all the undercooked beef combo pho. 

I eat McD's about 12 times/month.  You are prolly right   

gizzards.

What piski fails to disclose is that we pigged out on gizzards (and other things) at Le Charm last Sat night.  idk what my VN ancestors were complaining about, should have kept the frenchies around just for the tasty vittles