Ice cream maker Ben & Jerry’s, and parent company, Unilever, are being sued for deceptive and false marketing of their products.
Former gubernatorial candidate and Lake Champlain International executive director James Ehlers filed a class action suit against the companies Tuesday, on behalf of Ben & Jerry’s customers.
Ehlers alleges that Ben & Jerry’s is falsely marketing the premium ice cream as a sustainable product. Consumers, he says, purchase the premium ice cream believing the company is buying milk from dairy farms that are engaged in humane agricultural practices.
But the way Ben & Jerry’s’ milk is sourced is not in line with “happy cow” marketing promotions, the lawsuit alleges. Only a fraction of the farm suppliers meet the so-called “Caring Dairy” standards.
In the complaint, Ehlers argues that consumers are drawn to Ben & Jerry’s ice cream because they see it as a socially and environmentally conscious brand. But that hasn’t been the case since the company’s acquisition by Unilever almost 20 years ago, he says.
“The goodwill generated by Ben & Jerry’s prior reputation for being socially and environmentally conscious was a valuable and significant component of Unilever’s acquisition of the brand, allowing Unilever to capitalize on a growing market of conscious consumers,” attorneys for Ehlers write in the complaint.
A spokesperson for Ben & Jerry’s did not respond to a request for comment Friday.
The complaint says the brand’s operations and marketing are very different under Unilever than they were when the company was run by Ben Cohen and Jerry Greenfield.
Ehlers alleges that because of the deceptive marketing, Unilever is able to sell more of products, charge higher prices, and take market share from competitors, thereby increasing profits.
On the Ben & Jerry’s website, Ehlers alleges, the company described its milk as coming from “happy cows” raised at “Caring Dairy” farms, with a link to a page describing the requirements of the “Caring Dairy” program. The description says the requirements apply to all of the milk used in Ben & Jerry’s products.
He notes, however, that the site recently took down a claim that the “Caring Dairy” program is “required for all farmers” after a Washington, D.C., nonprofit sued the company for misrepresentation.
What Ben & Jerry’s isn’t telling people, Ehlers says, is that only a portion of the milk meets the requirements. The suit alleges that “many, if not most” of the milk comes from “factory-style, mass production operations.”
Ehlers argues that these production methods involve intensive cow confinement and extensive antibiotic use, “which does not comport with consumer perception of “happy cows” or the “Caring Dairy assurances Unilever makes.”
The complaint says that reasonable consumers rely on the reputation of manufacturers and marketing representations in making purchasing decisions, particularly when it comes to food.
The suit argues that Ehlers and other members of the class action will “continue to suffer injury” if Unilever’s conduct does not stop.
“Plaintiff Ehlers would like to continue purchasing the Ben & Jerry’s Products in the future,” the complaint states. “But as a result of Ben & Jerry’s wrongful acts, Plaintiff Ehlers and other reasonable consumers can no longer rely on the truth and accuracy of Ben & Jerry’s Products.”
Ehlers is seeking restitution for the misled consumers, and a requirement barring the company from using the “Caring Dairy” or “happy cows” promotion on its products. His complaint also calls for a jury trial.
“Under the circumstances, it would be against equity and good conscience to permit Defendants to retain the ill-gotten benefits that they received from Plaintiff Ehlers and the Class members, in light of the fact that the Ben & Jerry’s Products they purchased were not what Unilever purported them to be,” the complaint concludes.
Read the story on VTDigger here: Ben & Jerry’s sued for deceptive marketing in ‘happy cows’ case.