A federal appeals panel, acting as the “higher authority” to which the maker and consumers of Hebrew National hotdogs must answer, has ruled that a proposed consumer class action challenging the product’s kosher status belongs in state, not federal, court.

On April 4, the U.S. Court of Appeals for the Eighth Circuit remanded Melvin Wallace v. ConAgra Foods Inc., reversing the U.S. District Court for the District of Minnesota’s dismissal and ordering the lower court to toss the matter back to Minnesota’s state courts, for jurisdiction reasons.

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