Kosher Ruling on Pesach Cookies Sparks $3 Million Lawsuit Against Prominent Posek
A psak halacha issued by Sephardic posek Rav Binyomin Chuta urging the public to avoid consuming Papushado cookies on Pesach due to halachic concerns has led to a major legal dispute, with the manufacturer demanding damages totaling three million shekels.
The company, “Ha’achim Papushado,” through its attorney Moshe Yitzchak Osditscher, has sent a formal warning prior to legal action against Rav Chuta, claiming that his repeated public statements amount to a “false, misleading, and damaging campaign” that has hurt the company’s reputation and weakened public trust in its products.
According to the company, the rov‘s remarks went beyond legitimate halachic opinion and instead presented incorrect information as fact. In the letter sent by attorney Osditscher, it states: “This constitutes false, misleading, and baseless publication that clearly exceeds the bounds of legitimate halachic opinion and amounts to a harmful and false factual determination presented to the public as fact.”
The company also stressed that its products are manufactured under strict and high-level kosher supervision, pointing to the backing of leading rabbinic authorities. The letter adds: “The company’s products are produced under strict and enhanced kosher supervision. As you are aware, even the ‘Rishon LeTzion,’ Rav Ovadia Yosef zt”l, granted a kosher certification to my client, and leading gedolei hador, including Rav Amar shlit”a and Rav Avraham Yosef shlit”a, who thoroughly examined the matter, made it unequivocally clear that your statements are nothing more than unfounded claims.”
At the same time, the company’s legal representative acknowledged the role of rabbinic leadership but argued that such rulings must be responsibly issued. In his letter, Osditscher wrote: “For the avoidance of doubt, expressing a halachic opinion is an obligation for all mori hora’ah. However, without clarifying the matter with the certifying authority and without visiting the facility, this approach reflects a provocative stance that harms both the kosher certifier and the factory, compounding the offense by refusing to investigate the position as required by halacha.”
The company claims that the statements, which were delivered publicly and broadcast to a wide audience, cannot be viewed as mere opinion but rather as the spread of inaccurate information lacking any factual basis.
It further described the remarks as not only damaging from a business perspective but also problematic from a halachic and public standpoint, warning that they could mislead a broad segment of consumers—especially during the sensitive period leading up to Pesach, when issues of kashrus are particularly critical. According to the company, the harm is both reputational and financial, and losses have already reached significant levels.
As part of its formal demand, the company placed the initial damage assessment at approximately three million shekels, noting that this figure is conservative. In addition, it is requiring Rav Chuta to immediately remove all related statements, issue a public clarification and apology in a pre-approved format, and commit to refraining from making similar statements in the future.
Attorney Osditscher stressed the seriousness of the matter, stating: “This is not a single statement made in error, but rather repeated publications that create a false impression among the public. When this occurs repeatedly, especially in broad public broadcasts, it constitutes a real and ongoing harm to my client’s good name. In a sensitive field such as kashrus for Pesach, the responsibility is multiplied many times over.”
{Matzav.com}
