The great hotdog battle has reached federal court, and no, we aren’t talking an eating contest amongst judges!
The judge, Morton Denlow, will soon decide if either — or both — huge hotdog companies (Ball Park v. Oscar Meyer) have broken false advertising laws to become the best frank in the nation:
“Sara Lee fired the first volley with 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 serving the hot dogs to participants without buns or condiments.
“They were served boiled hot dogs on a white paper plate,” he complained. He said Sara Lee’s hot dogs may have tasted too salty or smoky eaten sans buns.
The lawsuit also contends that while Oscar Mayer touted its Jumbo Beef Franks as “100 percent pure beef,” that claim is untrue, it 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 hot dogs include a mix of turkey, pork, chicken or other meats.”
Both sound pretty shady to us. Fortunately, even though both companies are treating this with the highest level of seriousness, Judge Denlow seems to see the underlying ridiculousness of the situation:
“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?”
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.”
Ha!
It really does just seem like a slap fight at this point, but as far as what can be said in advertising goes — this might actually be an important decision.
Now we’re hungry for a hotdog.
[Image via AP Images.]
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