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American Airlines Fined For Not Catering Kosher Meals

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A Brazilian court is ordering American Airlines to pay ~$2,800 for not catering special meals for two travelers.

Continue reading: American Airlines Fined For Not Catering Kosher Meals

Share your questions, experiences, and thoughts below.


43 Replies
43 Replies
(@Ira N.)
Joined: 6 years ago

Posts: 24

I only eat kosher and I always make sure to travel with sufficient food for my travels - including possible delays.
There are many factors that can cause the special meal to not be loaded (as recently happened to me on a Delta code share on KLM this past summer from JNB-YUL where Delta did not let KLM know.)
I think this is a frivolous claim and should not have made it to the courts.


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(@Motion to Dismiss)
Joined: 10 years ago

Posts: 316

Lawyer here. I'm also baffled as to how a Brazilian court has jurisdiction in the second case, unless the passenger was Brazilian--do we know that?


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Diamond
(@tim-dunn)
Joined: 5 years ago

Member
Posts: 7465

not sure about why a Brazilian court could rule on service levels for a non-Brazil flight but it might be because the ticket was sold in Brazil.


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(@Anthony I)
Joined: 5 years ago

Posts: 1

why is it such a crime not to serve kosher, but no issues if they don't cater to other religious restrictions- Hindu/Muslim??


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 Yuri
(@Yuri)
Joined: 12 years ago

Posts: 38

I just read the cases. An interesting detail that escaped about the first one is that the passenger who didn't received his kosher meal was a child, father being the one who procedure with legal action. In the second case, no mention of the flights having been issued by the Brazilian office, in which case the courts may have interpreted and sympathized with the Brazilian passenger and followed up with the process, as the AA is registered in the country.


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 Jay
(@Jay)
Joined: 9 years ago

Posts: 5

One more thing with AA , based on my personal experience, IF EVIP is applied , it overwrites the selected meal preference. We have to make sure to go back and relax select the preferred meal option.


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 Jay
(@Jay)
Joined: 9 years ago

Posts: 5

Oops auto correction “reselect”


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(@david)
Joined: 6 years ago

Posts: 161

So following the law of unintended consequences, should AA just eliminate offering of all special meals? That's what I would do, it's not worth the hassle


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(@Ethan)
Joined: 9 years ago

Posts: 19

I'm a carnivore and don't eat plants. They don't offer that kind of meal. I don't throw a fit for it.


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 John
(@John)
Joined: 14 years ago

Posts: 224

I expect AA has some good points on appeal, if they (or their insurer) decides to spend the money on an appeal. Moral damages are common in civil law jurisdictions, but this was really a breach of contract case not a personal injury or tort case. Trial courts in Brazil can be as results-oriented and unpredictable, however, as their counterparts in the US.


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(@Justin)
Joined: 6 years ago

Posts: 103

All tickets were sold in Brasil and under Brasil law kosher meals must be available on any flight that exceeds a certain flight time.


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(@Randy)
Joined: 5 years ago

Posts: 1

I'm Jewish and keep kosher. It is my responsibility to make sure I have food that I can eat, not someone else's. What do you do if the choices start out as fish and chicken and they run out of chicken. You don't like fish. That's why you have a carry on bag to ensure that you have something to get you through the flight. It is ridiculous that taxpayer dollars were wasted on a lawsuit over food.


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Diamond
(@steve-5)
Joined: 5 years ago

Member
Posts: 0

Only a matter of time before no meals are served because too many people claim they have to eat a certain diet. At some point its easier to have no meals than 10 differnt ones because one person is complaining.


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(@CeeJay)
Joined: 6 years ago

Posts: 20

Eventually major US airlines will pull out of Brazil, a lot of the laws there are not friendly to the airlines and borderline predatory to them. No way they can make money.


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(@Icarus)
Joined: 10 years ago

Posts: 2562

People might be surprised that Brazil is one of the most litigious countries. However the fine is not proportional and clearly the travellers take advantage of it. Emotional damage is BS. Meals are not part of the contract. Am sure the crew might have offered something like fruit. Customers like that should then be placed on a black list.


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 Evan
(@Evan)
Joined: 6 years ago

Posts: 82

I may be the only one, but I am actually okay with the decision. It's not about the meal, but rather a bigger issue. This whole idea that you can promote something, whether it be special meals or something else, and then say "oops" when it isn't provided is unacceptable. It's like these stupid seat charges. You can actually pay an additional fee for an aisle seat, but still not get it for "operational reasons" and then have to fight for a refund.

My point is, if an airline offers/advertises something and the passenger purchases the appropriate ticket, then they're entitled to it. I know what airline CoCs say, but this BS of offering something and disclaiming any responsibility to actually provide it really needs to stop.


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Diamond
(@uldguy)
Joined: 5 years ago

Member
Posts: 601

Apparently the kosher caterer is not yet set up to make AA’s famous turkey pastrami sandwich.

Hopefully they will be soon, as everyone deserves to be served one of those!


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(@Concernedreader)
Joined: 5 years ago

Posts: 1

A significant portion of the writer’s website is staked on reviews of food in premium cabins, with the bits and bobs and beverages and sometimes frivolous touches. It’s disingenuous for him to claim that those with dietary restrictions ought to carry snacks or meals with them, when, numerous posts on this blog voice criticism at even a small missing component from meal service or the brand of alcohol provided. The writer has devoted posts to problems far more frivolous than basic sustenance, and I cannot believe that he’d have enjoyed his packed snacks with contentment on a long haul flight in the event he was denied a meal. Airlines operating long haul routes cannot claim to be global companies whilst neglecting passengers with dietary restrictions. Just as a flight wouldn’t take off without fuel or safety equipment, so should it not depart without meals for every passenger.


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 Matt
(@Matt)
Joined: 7 years ago

Posts: 51

The passengers should be paying AA for the privilege not having to eat the disgusting crap AA passes off as "food" on its flights.


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Diamond
(@henare)
Joined: 5 years ago

Member
Posts: 399

Nobody said that not serving meals based on other faith traditions wasn't problematic.


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(@Shawn)
Joined: 5 years ago

Posts: 1

The writer is Ben Schlapigg and while you might be somewhat correct in your bizarre critique, I have yet to recall when Ben sues the airline in a Brazilian court.

Last time I checked, most people could use some fasting for 10 hours. Sustenance….lol!!


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(@Kosher Mike)
Joined: 8 years ago

Posts: 7

Exactly. They don’t offer it and hence you don’t have an expectation of getting it.
If someone picked AA over a Low cost airline because they had a reasonable expectation of food, and they can demonstrate that the food was unavailable due to negligence (I can only assume they were able to demonstrate that), they are entitled to seek compensation.


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Diamond
(@glenn-t)
Joined: 5 years ago

Member
Posts: 1195

If one came on board for a 10 hour flight empty-handed, relying 100% on the airline to provide a special meal, and it didn't happen, you could at least find some elements in alternatives that might be offered, surely?
I mean, what's the worst that could happen to you? Would you be violently ill, be smite by a bolt of lightning or some such? Of course not. There are occasions beyond your control where commonsense is allowed to prevail, where you can temporarily set aside your learned (sometimes illogical) beliefs.


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 AYL
(@AYL)
Joined: 8 years ago

Posts: 28

I expect chopsticks with my meal otherwise expect to get sued


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(@kimshep)
Joined: 5 years ago

Posts: 146

"No way they can make money."

... and yet, for many years South America has been been one of AA's most profitable continents - and Brasil has been at the core of that strategy. Try reading their annual reports rather than making wild unsubstantiated claims.


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 anon
(@anon)
Joined: 15 years ago

Posts: 518

U gonna have a different problem when everyone bringing their fish and fried chicken on broad


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(@iamhere)
Joined: 10 years ago

Posts: 1879

Agree with many of the other comments.
1. Eventually it will cause many airlines to pull out of Brazil
2. It would be interesting to know the nationality of the passenger in the second case. If Brazilian it may make sense, but if not I wonder how the Brazilian court could justify hearing the case.


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(@iamhere)
Joined: 10 years ago

Posts: 1879

Haha. Very true. It will get to that point in Brazil soon enough.


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(@iamhere)
Joined: 10 years ago

Posts: 1879

agree


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(@iamhere)
Joined: 10 years ago

Posts: 1879

good point.


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 Jon
(@Jon)
Joined: 5 years ago

Posts: 19

different legal system means different things are "frivolous"


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(@Fábio)
Joined: 6 years ago

Posts: 2

I’m not really sure, but it is likely that the passenger on the European flights were a Brazilian, and the tickets were issued by AA in Brazil, that’s why his/her case was heard in Brazil.


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 Andy
Diamond
(@andy-3)
Joined: 5 years ago

Member
Posts: 828

Brazil has particularly strong consumer protection laws, also about other aspects, such as refunds. Airlines are aware of that.


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 Mike
(@Mike)
Joined: 5 years ago

Posts: 2

What no one is mentioning is that AA does not handle the catering of any food or beverage on its planes. So why wasn't the catering company sued? AA has no control over what items make it on the plane. Most of the time when food was offered in 1st class, the meals AA said were going to be offered never made it on the plane. While it is nice that AA offers food on their planes, no one especially with a special diet should be depending on the airline for food. It is not the airline's responsibility to keep you from being hungry.


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 Dave
(@Dave)
Joined: 10 years ago

Posts: 71

It's ridiculous. I've requested vegetarian or pescatarian on Fridays in Lent before and not gotten them - "sorry, we regularly have a vegetarian option so we don't special cater those, and we have run out of them...".

Do I get to sue for pain and suffering?

When your religion requires special dietary restrictions, it is on you, as the adherent, to make sure you have options.


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(@James Saunders)
Joined: 6 years ago

Posts: 13

Brazil does not like AA some years ago a member of flight crew made an obscene hand sign at an immigration office
Caused whole flight crew to be denied entry to GIG.
Brasil has special laws for those over 60’and their rights. Maybe these people were over 60 too


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Diamond
(@wpcoe)
Joined: 5 years ago

Member
Posts: 118

AA voluntarily contracts out to that caterer its (AA's) responsibility to provide the meals. AA chooses not to do it themselves, but the "obligation" (that may be debatable?) to provide it is still AA's.

If an airline contracts out it's customer service agents to a third party at an airport and one of those agents decides to (randomly? maliciously?) cancel your reservation. Do you hold the airline accountable or the third party employer?


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(@Samuel erdan)
Joined: 5 years ago

Posts: 1

I had the same thing happen to me recently from jfk-lax on American Airlines. Any attorney that wants to sue them for me reach out to me.


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(@flying100)
Joined: 5 years ago

Member
Posts: 93

I'm Jewish and I always take with some food as it really is required as a Jew to take with food wherever you go (tzeida laderech), but what you say regarding taxpayers money is wrong, in such a world when you have lawsuits on any silly thing that went wrong for you, you are allowed to have a lawsuit on such a thing that because of the neglection from AA you had to fast for so long.
What I would do? I probably wouldn't go to court, but it would be bad to sit on a long flight without any food, as I wouldn't even think of eating even a different hechsher.
But I think any airline should in such a situation give some compensation even without going to court, or at least some miles.


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 CMM
(@CMM)
Joined: 5 years ago

Posts: 5

I am a fussy and picky eater. Usually order the low calorie or fat meal with the different airlines I fly with especially when flying economy. . I never rely on getting the special meals I order or even if I will eat it. Usually it’s crap in coach class. . In business class, it’s different. I though always take a protein bar or two to keep my stomach happy just in case. These court cases seem ridiculous to me and overkill.


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(@Suhas)
Joined: 5 years ago

Posts: 1

Again i repeat myself but both the writers and commentators are providing AA a ready excuse to not do things properly. I am even more sure that AA has no incentive to improve. Seems the writer is not actively providing wxcuses for bad AA behaviour


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 Jack
(@Jack)
Joined: 6 years ago

Posts: 2

This is outrageous. When did it become someone else’s problem to feed us if you can’t eat what’s served on the plane bring your own food.


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(@Philo Vance)
Joined: 4 years ago

Posts: 1

AA SHOULD refer the matter to the appeals court and change legal language about not guaranteed boarding of all special meals ; asap !


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