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July 2, 2018

Where’s the Pork? (Hint: Not in Nathan’s Hot Dogs!)

Filed under: Business,Food/Groceries,Retail — Edgar (aka MrConsumer) @ 5:43 am

A big national class action antitrust lawsuit was filed last week alleging that major food companies conspired to overcharge consumers for bacon, ham, hot dogs and other pork products.

In a press release issued by one of the law firms, they advise consumers who purchased any of these products that they might be entitled to some money back:

press release excerpt

As a native New Yorker who grew up eating Nathan’s hot dogs at the original Nathan’s stand in Coney Island, MrConsumer knows their frankfurters are all beef and contain no pork.

100% beef

HUGE MOUSE PRINT:

Nathan's package

While all Nathan’s frankfurters are all beef, they do have one variety of fries called “Bacon and Cheddar Crunchy Crinkle Fries.” That product, however, according to the ingredients statement on the Nathan’s website, seemingly doesn’t actually contain any bacon, just artificial or natural flavoring!

MOUSE PRINT:

bacon and cheddar ingredients

So it appears, based on the items listed on their website, that no Nathan’s Famous products contain pork and thus no Nathan’s products that a consumer may have purchased qualify for a refund or are properly included in the list of affected brands. So why was “Nathan’s Famous” listed as one of the offending brands but not a defendant in the case?

The day after the lawsuit was filed, MrConsumer wrote to the two law firms that filed the class action to find out and to advise them that it appeared that Nathan’s Famous had been wrongly accused of anti-competitive conduct. He also alerted the CEO of Nathan’s Famous that his company and products were apparently erroneously called out in the law firm’s press release.

Neither law firm nor Nathan’s responded to our request for comments and an explanation.

So how did Nathan’s Famous get wrapped up in this lawsuit? This is what appears to have happened. Nathan’s Famous is distributed by the John Morrell Company, which is owned by Smithfield Foods. And Smithfield Foods is a defendant in the lawsuit because they sell other brands and products that do contain pork. Somehow the law firms apparently did not understand that Nathan’s Famous is an independent company not owned by Smithfield and that Nathan’s only sells 100% beef franks.

MOUSE PRINT:

Nathan's distributor

How could they have known these key facts about Nathan’s? Well, they just could have picked up a package, read the fine print, read the big print, and checked the Nathan’s website!

The law firm also listed Steak-eze as an affected brand. According to the Steak-eze website, and certainly implied in their brand name, they only sell beef products also.

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2 Comments »

  1. I’m astounded at Nathan’s silence, given their kosher-style (i.e no pork) consumers.

    Comment by R — July 2, 2018 @ 7:27 am
  2. I hope that Nathan’s products are properly labeled. Perhaps this lawsuit isn’t significant enough to warrant a response? I don’t think I would be silent in this situation. If my products are 100% beef, then I would be making sure every consumer knows that and doesn’t mistake my products as otherwise.

    Comment by Wayne — July 2, 2018 @ 2:22 pm

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