Dive Brief:

• Attorneys for Hebrew National told an Appeals Court that the company's hot dogs and other products are kosher, and that a lawsuit claiming otherwise is without merit.
• The most interesting twist in the case is that the lawyers for ConAgra-owned Hebrew National argued the court does not have the jurisdiction to rule on what is essentially a religious debate. 
• The original lawsuit was filed by 11 plaintiffs claiming fraud and breach of contract related to Hebrew National's use of the label "100 percent kosher." A lower court ruled in January that it did not have authority in the case. A three-judge panel of the 8th Circuit Court of Appeals heard an appeal of that ruling on Dec. 19.

Dive Insight:

There's a lot at stake here for Hebrew National. The brand is in a unique position in America. No other "kosher" company has managed to do what it has done -- get non-Jewish Americans to equate "kosher" with "better" or "healthier." In fact, the brand has decided to take a proactive stance in the case. Every page of its Website bears a message at the top calling the lawsuit "without merit" and assuring consumers that its products are kosher.

But what's most interesting about this case, at least to those of us interested in marketing slogans, is that the court is being asked to rule not just on whether or not the food is kosher, but on whether or not Hebrew National's long-running motto "We answer to a Higher Authority" is accepted by the courts.