Battle of the Buns: Sara Lee Sues Kraft over Hot Dog Ads

As the grilling season gets under way, Sara Lee Corporation, which makes Ball Park hot dogs, is suing Kraft Foods Inc. over taste test claims the latter is running for its Oscar Mayer hot dog brand.

The dispute between the nation’s two biggest hot dog purveyors centers on ads claiming that Oscar Mayer Jumbo Beef franks bested Ball Park and ConAgra Foods’ Hebrew National hot dogs in a national taste test. In a footnote, the ads note that the Oscar Mayer Jumbo Beef frank is being compared to the “leading beef hot dogs” made by its rivals.

The complaint filed in Chicago federal court argues that the ads are false and misleading because the large type implies that one Oscar Mayer dog beat the taste of all Ball Park dogs, while the “very small type” in the footnote states that Oscar Mayer compared its hot dogs only to “the leading beef franks” of its main rivals.

The suit also alleges that Oscar Mayer’s claim that its Jumbo Beef franks are “100 percent pure beef” is false because they contain other ingredients. Sara Lee alleges that Oscar Mayer has refused requests to shelve its 100 percent pure beef claims.

The complaint alleges that the offending Oscar Mayer ads have been appearing in print, on Oscar Mayer’s Web site, and in special promotions. For instance, a recent USA Today ad for Oscar Mayer read, “Today only, taste the beef dog that beat Ball Park and Hebrew National – for free.” The company gave away coupons for a pack of Jumbo Beef franks—one per household—for 15 hours (while supplies lasted).

In response, a Kraft Foods spokesperson said in a statement, “We stand by our reputation for accurate advertising.”

Why it matters: Taste tests are enjoying a resurgence, as marketers opt for more hard-hitting ads to keep sales up during the recession. However, aggressive advertisers must ensure that their claims are resistant to false advertising challenges.