Hardee's Vs Jack In The Box: The Brutal 2007 Feud That Sparked A Lawsuit

For almost as long as processed meat has been around, there have been wisecracks about its supposedly dubious or grisly origins. Spam, runs the old joke, is actually an acronym for "Scientifically Processed Animal Matter," while pervasive myths about what hot dogs are made of might give anyone at the cookout second thoughts.

Casting such aspersions is not unknown in the hyper-competitive world of fast food. Over the years, the San Diego-based chain Jack in the Box garnered a reputation for mercilessly targeting its rivals via attack ads. One TV campaign alleged that McDonald's and Burger King preassembled their burgers and microwaved their patties respectively, before publicly challenging each to cease these practices.

In 2007, these tactics finally pushed another chain too far and led to a bitter lawsuit being launched by Hardee's, which claimed that one tongue-in-cheek commercial from Jack in the Box implied that Hardee's Angus beef was of a distinctly unsavory provenance. In the ad, Jack in the Box's caustic mascot and fictitious CEO Jack Box stands before a company meeting to announce the launch of their new sirloin burger, using a diagram of a cow to indicate the cut in question. When an underling observes that one of their competitors — left unnamed — offers Angus beef and asks if Jack could show where on the cow Angus comes from, Jack glances pointedly at the cow's rear and replies: "I'd rather not." It was not unusual for Jack in the Box's marketing to feature humor that ranged from the deadpan to the risqué, but this time, Hardee's wasn't laughing.

"They're not being funny," complained Andrew F. Puzder, then-CEO of CKE Restaurants Inc., the parent company of Hardee's and Carl's Jr., which filed a lawsuit against Jack in the Box in May 2007. CKE argued that the ad misled the public about what Angus beef actually is, and as proof it unveiled a survey showing that 36% out of 404 respondents believed that Angus originated from cow anus.

The suit further accused the commercial of sowing confusion in its comparison of sirloin (a cut of beef) and Angus (a breed of cattle). In this, CKE were technically correct; Angus is a breed of cattle with its roots in Scotland, where it is still commonly referred to as Aberdeen Angus, and is often prized for its marbling.

Eventually, a settlement was reached, but the experience seemingly did little to discourage Jack in the Box's pugnacious approach to its adversaries. In 2009, Jack Box took aim at Burger King once again, deriding the limited availability of its breakfast menu. "And hey, if I'm saying something that's not true?" Jack taunted, tearing the sleeves off his suit in preparation for another rumble. "Do something about it."