Illini Trucking Issue

December 13, 2004

By Paul Merrion

Crain Communications Inc.

Kosher Certifier Sues Trucking Firm

The Chicago Rabbinical Council Inc. says it wasn't legal, let alone kosher,

for a Thornton-based bulk food ingredient hauler to misuse its approval by

the Jewish certification agency.

The dispute highlights the intricate and competitive business of making sure

that kosher food, as defined by biblical law, maintains those standards

along every step of a food processing industry that's grown far more

complicated than it was in ancient times.

In addition to lost revenues from the alleged failure to pay for kosher

certifications, one of the Chicago Rabbinical Council's biggest concerns is

that its reputation as one of the leading kosher certifiers in the country

could be damaged by the actions of a small player in the food chain.

"They are conscientious and careful," says Avrom Pollak, president of New

York-based Star-K Certification Inc., a large, non-profit kosher

certification agency. "They want to make a statement that this is not going

to be tolerated."

SUIT FILED LAST MONTH

In a federal civil suit filed Nov. 17, the Chicago-based non-profit overseer

of the "CRC" kosher symbol alleges that over the "last several years or

more" it was "common practice" for Illini State Trucking Co. to scan the CRC

certification into a computer and alter it for use on trucks that had not

been certified for kosher use.

The lawsuit alleges fraud and violations of federal and state trademark law

as well as the Illinois Deceptive Trade Practices Act.

Illini, which lost its kosher certification from the council, hasn't filed a

response to the suit yet.

"Right now I don't have any comment, not until I get it sorted out,"

says Illini President Lawrence Bult.

ONE OF BIGGEST U.S. CERTIFIERS

Among hundreds of non-profit and for-profit kosher certification

organizations, as well as individual rabbis who certify foods, experts say

the Chicago Rabbinical Council is among the five or six largest in the U.S.

According to its Web site, the council has hundreds of food and ingredient

company clients, such as Sara Lee Corp., Archibald Candy Corp., Dunkin'

Donuts, Eli's Cheesecake and 7-Up, a unit of London-based Cadbury Schweppes .

Illini hauled bulk kosher commodities between manufacturers of ingredients

and end products, but only one is mentioned in the suit: Officials at

Italy's Parmalat SpA, a large food manufacturer with several cookie plants

in the Chicago area, did not return calls seeking comment.

The Chicago Rabbinical Council, which represents more than 120 Orthodox

Jewish rabbis in the Chicago area, is asking for remedies including either

$1 million in statutory damages for each allegedly improper use of the mark

or three times the organization's actual damages, which it does not state in

the suit.

At least one meeting between the parties took place last week, but Lawrence

Benjamin, an attorney for the council, said in an e-mailed statement: "I

don't think it's accurate to say there are 'settlement discussions.' The CRC

is very interested in sending a message regarding the gravity of this

offense and making sure that no one makes the same mistake."

While seeking to uphold the law and send a strong message to the trucking

industry, "we want to do the right thing according to Jewish ethics and

morality" as well, says Rabbi Sholem Fishbane, the council's Kashruth

Administrator ("Kashruth" refers to the observance of Jewish dietary laws).

"The last thing I want to do is put a guy out of business."

COUNCIL ALLEGES RECORDS FALSIFIED

In addition to alleging violations of its trademarked "CRC" symbol, the

council alleges that it was duped by falsified records that Illini kept on

what products its kosher-certified trucks had hauled.

In at least one case, according to the suit, Illini "lied" to a

truck-washing facility that cleaned trucks for kosher use. The firm

allegedly said the truck had hauled sucrose after it had hauled tallow, a

non-kosher food, which would have required more rigorous cleaning;

using unrecycled water heated to at least 200 degrees Fahrenheit;

before it could be used to haul kosher foods again.