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New York Kosher Label Act Is Constitutional, Court Says

A New York law regulating the marketing and labeling of kosher food doesn’t violate the U.S. Constitution, a federal appeals court ruled, rejecting a First Amendment challenge.

A three-judge panel of the court in New York today affirmed a lower-court ruling that upheld the law, which replaced an earlier version the court overturned in 2002. The appeals court said the Kosher Law Protection Act of 2004 doesn’t violate First Amendment provisions restricting laws relating to religion.

The Kosher Act merely requires food products marketed as kosher to be labeled as kosher,” U.S. Circuit Judge Christopher Droney wrote. “The Kosher Act does not entangle the state with religion because it does not require the state to enforce laws based on religious doctrine or to inquire into the religious content or religious nature of the products sold.”

The court also rejected a challenge to the law as unconstitutionally vague.

The appeal was filed by a Long Island butcher shop and delicatessen, Commack Self-Service Kosher Meats Inc.

The case is Commack Self-Service Kosher Meats v. Hooker, 11-3517, U.S. Court of Appeals for the Second Circuit (Manhattan).

(Source: Bloomberg)

3 Responses

  1. Baruch Hashem .This is a huge victory for Kashrut compliance . It had tremendous negative ramifications if it were found unconstitutional .

  2. I believe this is the same butcher that was/is behind the conservative, green hechsher. A case like this flies in the face of logic. There is no conflict with separation of church and state. If a company signs a contract with the O-U or any other reliable orthodox hechsher, they will have to maintain that hechshers standards and rules -just as in any other legal contract.

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