Hot dog wars: Sara Lee sues Oscar Mayer over ad
The hot dog wars have begun. And just in time for the holiday cookout.
Downers Grove-based Sara Lee Corp., parent of Ball Park brand hot dogs, filed a federal lawsuit on Wednesday against Northfield-based Kraft Foods Inc., parent of Oscar Mayer brand hot dogs.
Sara Lee charged that Oscar Mayer's claims in taste test advertising violate state and federal laws. The ads, which started in April, compare Oscar Mayer Jumbo Beef Franks with Ball Park brands and Hebrew National brands in a so-called taste test. Sara Lee questions the validity of such a taste test.
As part of the promotion, Kraft offered coupons for a free package of Oscar Mayer's products to the first million people who signed up on its Web site before midnight Wednesday.
Sara Lee said in its complaint, filed in U.S. District Court in Chicago, that Oscar Mayer is "presenting a taste superiority claim against the entire line of Ball Park branded hot dogs that is both false and misleading to consumers. Such claims contain an unclear and inconspicuous footnote in very small type that also falsely implies that more than one variety of Ball Park franks was tested," the Sara Lee Corp, pleading charged.
The suit also states, "The product is neither '100%' beef nor 'pure' beef. This willful, literally false attempt to distinguish Oscar Mayer Jumbo Beef Franks from the competition is done by Oscar Mayer despite its being well aware of the chemical and other non-beef contents of this product."
Kraft had no specific comment on the lawsuit but said it stands by "our reputation for accurate advertising to our consumers."
But spokeswoman Sydney Lindner added, "Clearly, Ball Park does wish it was an Oscar Mayer wiener, since we are America's favorite hot dog brand. In fact, we sell more hot dogs than any other brand."
Sara Lee spokeswoman Sara Matheu would not elaborate further on the lawsuit.
Chuck Hemmingway, Ball Park brand director, said in a statement that this was a "weak attempt" to mislead consumers. "Simply put, we believe that these untrue statements are all a bunch of bologna."