The Kibitz Room in Cherry Hill, New Jersey, just outside of Philadelphia, serves shrimp salad. It also has a ham sandwich, and its doors are open on Saturdays.
So the people who run it were surprised this month when a state investigator walked in carrying a notice saying a deli with a “Jewish cheesesteak” on the menu needs to tell customers, in writing, that it isn’t kosher.
The backstory and fallout involve a brisket-boosting talk radio host, a rock-and-roll dive bar in Los Angeles, a historian known as Dr. Pastrami, a famous rye bread ad, and a question Jewish diners have been fighting over for the better part of a century: Can a deli be Jewish if it isn’t kosher?
Here’s the beef. The New Jersey Division of Consumer Affairs, which, yes, has a kosher fraud enforcement unit, sent an investigator to the Kibitz Room with a simple message. If you call yourself a Jewish deli, state consumer-fraud rules say you also have to post a sign, or otherwise let customers know, that your food isn’t under kosher supervision. The state isn’t accusing the deli of passing itself off as kosher, and it isn’t banning the word “Jewish.” It just wants a disclaimer next to it.
Neil Parish, 62, who runs the Kibitz Room with his son, Brandon, wasn’t having it. He told the investigator, “You’re not going to come in here and dictate to me the verbiage that I’m going to put on my menu,” he said in an interview with the Forward.
Parish grew up working in delis, first as a dishwasher at 14, and then he was slicing meat by 16. Apart from a six-year stretch in a job with health insurance (“I wasn’t cut out for that,” he says), he’s been in delis ever since.
Which is why the notice struck him as absurd. In Parish’s telling, no observant customer has ever mistaken the Kibitz Room for a kosher deli.
The state is proposing a $1,000 penalty and wants a sign that’s visible to customers saying the deli isn’t kosher. For Parish, it’s the principle, and what he calls government overreach. He says he told the investigator, “I’ll see you in court. I hope the Supreme Court,” adding that “we’re taking this thing to the end. Period. I’m not stopping.”
The fraud squad
New Jersey’s kosher unit spends most of its time on businesses that say they’re kosher.
The biggest cases involve packaging. In 2014, ShopRite’s supplier cooperative agreed to pay a $35,000 penalty for putting a kosher symbol on private-label coffee bags without the certifying agency’s approval. The state leaves the definition of kosher to rabbis. Its job is to check that sellers are telling the truth.
Delis that call themselves Jewish without claiming to be kosher are a smaller slice of the caseload, but not an unheard-of one.
The spark seems to have been lit on Sept. 14, when NJ.com published “New Jersey’s 15 best Jewish delis, ranked for 2026.” The Kibitz Room came in eighth.
Shortly after, the state investigator walked into Radin’s Delicatessen, a mile down the road and ranked No. 7, to see whether it was passing itself off as kosher.
Radin’s owner is Russ Cowan, a fourth-generation deli man, and the original owner of the Cherry Hill Kibitz Room, which he opened in 2001. He was happy to schmooze with the inspector. “Jewish does not mean kosher, and kosher style does not mean kosher,” he said in an interview with the Forward. “But for me personally, I avoid saying either because I don’t want to confuse a customer that might think we are kosher.” His shop sells bacon, ham and cheeseburgers.
When people ask what line of work he’s in, he replies, “the corned beef and pastrami business.” He had replicas made of the neon signs from his family’s old Brooklyn delis, and he says he took the word “kosher” off them.
Rabbi Chaim Dovid Zwiebel, executive vice president of the Orthodox advocacy group Agudath Israel of America, has been watching these fights for more than 20 years. His group supported New York’s kosher fraud law back when it was battling for survival in court. He argues kosher claims should be policed like any other: “From a perspective of consumer fraud,” he said, “the fact that we happen to be speaking about religious items shouldn’t make a difference.”
He isn’t bothered by what New Jersey is asking of the Kibitz Room. “The least you can do is put the disclaimer,” he said, referring to a sign saying the deli isn’t under kosher supervision, posted where customers can see it.
But he sees another problem. The word “Jewish,” Zwiebel says, “kind of implies there are certain foods which are reserved exclusively for Jews.” The current controversy reminds him of an iconic ad campaign, he says.
Starting in 1961, subway posters around New York showed an Italian grandmother, a Black child, an Asian kid and a Native American man, each enjoying a sandwich on Levy’s Real Jewish Rye, with the tagline: “You don’t have to be Jewish to love Levy’s.” The Brooklyn bakery had been losing customers as Jewish families moved to the suburbs. The campaign made Levy’s the top-selling rye in the city.
But Zwiebel takes umbrage with the larger concept. “Forget about the misleading nature that a phrase of ‘kosher style’ might be,” he says. “Jewish style is not so much misleading; it’s just deeply offensive.”
Offensive to whom, and why, depends on who you ask. And whether a deli can call itself Jewish without being kosher has been a fight for a long time.
‘A secular synagogue’
Ask people who’ve spent their careers thinking about Jewish delis what they make of the New Jersey news, and the first response is surprise.
To Jeffrey Yoskowitz — host of the podcast Meet Me at the Deli and co-founder of Gefilteria, which reimagines Eastern European Jewish cooking — the notice “clearly comes from a place of ignorance or not understanding.”
To understand the fight, start with how the Jewish deli began. In the 1880s, a wave of Jewish immigrants from Eastern Europe began arriving on the Lower East Side. They borrowed the format of the German delicatessen to sell the foods they’d left behind. Pastrami came from Romanian Jews. But hot pastrami on rye, says Yoskowitz, “is an entirely American innovation.”
Then the deli became a place to sit. Yoskowitz says it turned into what’s sometimes called a “secular synagogue,” where immigrants could feel Jewish, speak Yiddish and become American at the same time.
Kosher was part of the story, never all of it. In 1915, New York amended its false-labeling law to punish fraud in the sale of kosher meat, but that didn’t solve the problem. According to “I’ll Have What She’s Having,” a traveling deli exhibit, an estimated 40 percent of the meat sold as kosher in New York in 1925 wasn’t. Meanwhile, delis multiplied. By the early 1930s, the city had roughly 5,000 of them.
Lara Rabinovitch, who was a co-curator of the exhibit, isn’t sure the question can be answered. To really answer it, she says, “you have to get to the question of what is a deli, what is Jewish? What do those two words even mean?”
Rabinovitch has a PhD in Jewish food history from New York University. Back in grad school, her husband got tired of her long academic answers about her work and told her to “just say you have a PhD in pastrami.” The nickname stuck. She’s now Dr. Pastrami, and has a Substack newsletter.
The only part of the story that really troubles Rabinovitch is “whether the deli pays explicit homage to its namesake, the original Kibitz Room attached to Canter’s Deli” in Los Angeles. Missing that, she said, “would be a shanda.”
That Kibitz Room is a legend. It opened in 1961 as a cocktail lounge next to the dining room at Canter’s Deli. It has a full bar and a small stage, with live music or comedy most nights that often turns into a jam session by midnight. Everyone from Joni Mitchell to members of Guns N’ Roses and the Red Hot Chili Peppers has passed through. (Cowan, who founded the Cherry Hill Kibitz Room, says he was inspired by the Kibitz Rooms at Canter’s and at Attman’s in Baltimore.)
David Sax, author of Save the Deli, has been in the middle of this argument for years. He heard it constantly after his book came out, he says: deeply kosher people insisting a deli can only be Jewish if it’s kosher, and everyone else saying it’s Jewish if it serves kosher-style food.
“The same fight, the same battle, has been going on for the better part of a century,” he says. Can a deli be Jewish without being kosher? “Yeah, 100 percent.” Ban the non-kosher ones, he says, and you lose Katz’s, Carnegie, Canter’s and Langer’s, “almost every single famous and well-known Jewish deli” in the U.S.
“Does it make it less Jewish? Sure, if that’s your definition of Jewish,” Sax says. “But how do you define Jew? Who is a Jew?”
Brisket boosterism
By the second week of October, the notice to the Kibitz Room had found its way onto New Jersey 101.5, the statewide talk radio station, where host Bill Spadea spent most of his show pontificating about it.
Spadea grew up in Cherry Hill. Friday nights meant pizza from a shopping center in the Woodcrest neighborhood, next to a Jewish deli where his dad ordered the chicken livers and chopped egg. He admitted on the air that he had never been to the Kibitz Room. He wanted his listeners to go anyway. “Get them sold out today,” he said. Then, in case that was too vague, he added: Buy the brisket.
His theory of the case was that nobody was fooled. “No consumer was harmed in the creation of a kosher-style Kibitz menu item,” he argued. No observant diner, he figured, would see pastrami with Swiss and think they were in a kosher kitchen. A listener texted in that Little Caesars isn’t Italian food, it’s Italian-style.
Parish agreed with that logic. “When I go into an Italian restaurant, it doesn’t say ‘not authentic Italian American,’” he says.
What really got to him was the adjective. “You want a Jew to change his menu to not use the word Jewish,” Parish says. (The state isn’t asking the Kibitz Room to drop the word. It wants a disclaimer next to it.)
Parish says he is not planning to pay the penalty and that “a very powerful Washington D.C. law firm” will represent him at a hearing scheduled in the coming weeks.
To Parish, the notice didn’t arrive in a vacuum. He says it landed at a moment when Jews feel under threat, around the world but “especially in this country and in my community.” He says he has customers in Cherry Hill who have taken the mezuzahs off their doors “because they’re scared.” His daughter and son-in-law live on the Upper East Side, and the stories he hears from them about rising antisemitism in New York City are worse, he says.
So when the state investigator — who is Jewish — showed up to talk about his menu, Parish says he lost his temper. Echoing a quote from Israeli Prime Minister Menachem Begin, Parish says, “I’m not the trembling Jew. I’m not going to take this anymore.”
Which may explain the Kibitz Room’s Instagram bio, which now reads: “Not kosher. Still Jewish.”
The post This deli serves ham and calls itself Jewish. New Jersey says it’s not kosher. appeared first on The Forward.