Putting Oreos in your Cholent

Question

According to the certifying agency of Nabisco Oreo cookies, which are marked OU-D:

The equipment is not necessarily cleaned before the production of these cookies, and there may be a small amount of dairy residue present. Nonetheless, the dairy component would be minimal, and from a Halachic perspective, the dairy residue is nullified (botel bishishim) and of no consequence. The bottom line of all this is that these cookies may be consumed after meat and poultry, but not simultaneously.

IMSMC, according to the Maharshal, being stringent by not relying on the halachik principle of nullification (bittul) is considered heretical/quasi-heretical (as unjustified rejection of a traditional halachik principle; as opposed to the traditional principle of ein mevatlin issur l'chatchila - not intentionally nullifying forbidden food). Nonetheless, this does not appear to reflect normative practice.

However, in the case of "dairy" equipment, there appears to be the added issue that it is not clear that there was even bittul to begin with (i.e. based on the language cited above, it seems there is at least an additional uncertainty whether any given cookie has even a trace amount of dairy).

Accordingly, which halachic authorities (rishonim and/or achronim) does the OU rely on in crafting its ruling that even an alleged uncertainty (safek) of a possible trace amount of heter dairy should nonetheless prevent eating the overall product together with meat (assuming, of course, that Oreos are considered nosein taam lishvach [tasty] in a cholent)?

Answer 1

The OU's psak is based on treating the cookies as a case of Nat bar Nat i.e. dairy 'taste' absorbed by the machinery is then considered to have been absorbed by the pareve cookies, even if the machinery is completely clean of any dairy residue on the surface.

The stringency not to eat such a food directly with meat, but to permit it immediately following meat, is based on Rema Yoreh De'ah 95:2.

This article by R. David Brofsky gives a nice overview of the topic. Key quotes which are relevant here:

The Rema notes that food which is fried or cooked in dairy utensils may not be eaten WITH meat. However, this food may be eaten after meat, even during the same meal. Therefore, one may serve a cake baked in a dairy pan for dessert after a meat meal.

...

In recent years, terms such as "chezkat chalavi," or "dairy equipment," have entered the vocabulary of the kosher consumer. These terms derive from this position of the Rema. Food which was cooked in "dairy equipment" is considered "be-chezkat chalavi" and should not be eaten with meat, but may be consumed afterwards. Furthermore, if it is unintentionally mixed with meat, the mixture may be eaten.