Orthodox jew something not kosher on product labeled kosher

[mvpjsand]

Indiana. (it happend while i was on a trip to israel)
I'm an orthodox Jew who strictly adheres to kosher laws. one of the forbidden things to eat is any kind of insect. While eating a bag of m&ms, with a kosher OU stamp on the bag stating that it is kosher, i bit into an m&m that had a huge ant embedded in the chocolate under its blue shell. after swallowing and going for the second bite i saw the ants other half embedded in my m&m. do i have any case against the manufacture of m&ms or the organization the hands out the kosher certification for this very unpleasant experience in eating something forbidden to me?

[nextwife]

Originally Posted by mvpjsand

Indiana. (it happend while i was on a trip to israel)
I'm an orthodox Jew who strictly adheres to kosher laws. one of the forbidden things to eat is any kind of insect. While eating a bag of m&ms, with a kosher OU stamp on the bag stating that it is kosher, i bit into an m&m that had a huge ant embedded in the chocolate under its blue shell. after swallowing and going for the second bite i saw the ants other half embedded in my m&m. do i have any case against the manufacture of m&ms or the organization the hands out the kosher certification for this very unpleasant experience in eating something forbidden to me?

Might the ants have infiltrated the bag AFTER manufacture, such as while at warehouse or grocery store or even while in your cabinet or on the store shelf? I, too am in the Midwest, and, especially in fall, ants seeking the indoors can be a problem in many places.

[I_Got_Banned]

Originally Posted by mvpjsand

Indiana. (it happend while i was on a trip to israel)
I'm an orthodox Jew who strictly adheres to kosher laws. one of the forbidden things to eat is any kind of insect. While eating a bag of m&ms, with a kosher OU stamp on the bag stating that it is kosher, i bit into an m&m that had a huge ant embedded in the chocolate under its blue shell. after swallowing and going for the second bite i saw the ants other half embedded in my m&m. do i have any case against the manufacture of m&ms or the organization the hands out the kosher certification for this very unpleasant experience in eating something forbidden to me?

You must have a keen eye for ant body parts... I would not have recognized a half eaten ant if you pointed it out to me... Also, you must be the only person who eats an M&M in two bites... I normally crunch on those by tossing a handfull in my mouth and off I go...

[ecmst12]

I call fake post.

[mvpjsand]

i can post a picture for anyone who wants to see. it is a big carpenter ant and half of its body is inside the other half of the m&m that i didn't eat, while part of its body is hanging where i bit off half of the m&m. i don't know about you, but i have no idea how to place an ant into chocolate without melting the m&m while keeping the shell perfectly intact.

[You Are Guilty]

Where did you purchase the candy, exactly?

[cyjeff]

In most cases, the liability would begin and end for the value of the bag of M&M's.

In this case, however, you may, repeat may, have a case... manufacturers are allowed a specific amount of garbage in foodstuffs (trust me, you don't want to know the levels) but to be certified as Kosher, there are other additional qualifications that must be met.

I would have to look up those qualifications but even THEN, you would have to find out upon whom you sue...

For instance, the manufacturer would say they are meeting spec. Do you then sue the certifying board?

Hmmm....

Lastly, how much were you damaged by the incident? Yes, you violated Kosher, but, since it was neither intentional or probable, what is your damage over, say, if a bug had flown into your mouth and you inadvertently swallowed it?

Oh wait, did this happen in Indiana or Israel?

[mvpjsand]

the m&ms where bought in target in indianpolis. i'm in israel for school and i brought them with me from indy. nobody can help if a bug flies into your mouth, but a bug in a peice of candy certified kosher is very troubling for me (i'd be troubled also if i swallowed the bug that flew into my mouth too). judaism makes the seperation between sins done on accident or on purpose, but it is still considered a sin! when a fly comes into my mouth and i eat it, noone in the world has control over this, but when you buy a product and a giant ant is INSIDE the candy, a company has controll over this. if this where posion that acidently came into the candy that too is in control of the company.

[cyjeff]

Originally Posted by mvpjsand

the m&ms where bought in target in indianpolis. i'm in israel for school and i brought them with me from indy. nobody can help if a bug flies into your mouth, but a bug in a peice of candy certified kosher is very troubling for me (i'd be troubled also if i swallowed the bug that flew into my mouth too). judaism makes the seperation between sins done on accident or on purpose, but it is still considered a sin! when a fly comes into my mouth and i eat it, noone in the world has control over this, but when you buy a product and a giant ant is INSIDE the candy, a company has controll over this. if this where posion that acidently came into the candy that too is in control of the company.

Don't misunderstand me...

I am trying to figure the value of your damage. The greater the sin, the greater the potential damage...

Incidental damage is just that... incidental.

You would need to speak to an Indiana attorney.

[ecmst12]

The company only has a limited amount of control over what gets into the candy. The manufacturing plant is very huge and an ant is very very tiny. The Kosher stamp means that the factory meets the standards of cleanliness and separation of meat and dairy as set by jewish law. The factory can meet these standards and accidents can still happen. You have not hit the lawsuit lottery.

[xylene]

Here is the problem. Rabbinical Law is not civil or criminal law in the united states.

Eating Kashrut is the responsibility of the observant.

You have no case against MarsM&Ms. The inclusion of insect parts to a fractional degree is lawful under food processing laws

You have no case against the rabbinical organizations which MarsM&Ms paid to inspect the candy plant and product formula to conform to the dietary laws. They do not inspect each bag, each batch or even inspect routinely.

Kosher stamps are trademarks paid for by the product manufacturer to apply to their product. They have no force of law, and the rabbinical organizations that own them do not make the product. Hence no liability.

One could have a nominal case in the event of deliberate or negligent omission of ingredients from the packaging, which is unlawful - for example if M&M's began to use beef tallow in they candy but did not label it. However the damages would be trivial unless you suffered PHYSICAL harm.

This is one reason why people who are in rigorous adherence to the dietary laws consume virtually no packaged foods or dine in kitchens which they are not personally familiar and confident of their sanitation and procedure.

[ecmst12]

I remember hearing about a lawsuit against Taco Bell where the customer ordered a bean burrito and was accidentally served a beef burrito. Catch being the customer was a devout Hindu and vegetarian since birth. I don't remember the final outcome (if I ever knew it) but the main issue was that he did suffer damages, he became very ill from it. People who don't eat meat for many years eventually stop producing the enzymes needed to digest it so he was, I think, hospitalized. I suspect TB settled.

Since this OP had no actual tangible damages, his settlement offer will likely be some coupons for more M&Ms and an apology.

[VeronicaLodge]

who eats m&ms by biting it in half?

[I_Got_Banned]

Originally Posted by VeronicaLodge

who eats m&ms by biting it in half?

Someone who's frugal & wants them to last longer!!!

[You Are Guilty]

Arguably, the damages here are higher than the typical "replace the food & a coupon" type cases thanks to the religious implications. However, because they are so abstract, quantifying them is essentially impossible (i.e. would a rabbi be entitled to more money because he's more religious than the "average" Jew?)

Therefore, the answer is likely going to be "refund and some coupons", but it would not surprise me if someone is able to dig up a small claims case somewhere in which the consumer won more than nominal damages for a "religious injury". (Nor would it surprise me if that decision was promptly overturned).