Ben & Jerry’s class action claims products not ethically sourced as advertised

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Ben & Jerry’s class action lawsuit overview:

• Who: Plaintiff Dovid Tyrnauer has filed a class action lawsuit against Ben & Jerry’s Homemade Inc.
• Why: Ben & Jerry’s misrepresents its products as ethically sourced even though the company allegedly uses migrant child labor in its supply chain.
• Where: The Ben & Jerry’s class action lawsuit was filed in New York federal court.

Ben & Jerry’s Homemade Inc. misrepresents to consumers that the dairy products used in their ice cream is ethically sourced, a class action lawsuit alleges.

“Ben & Jerry’s is sold throughout the world with ceaseless representations regarding the product’s supposedly ethical supply chains, including the ‘Caring Dairy’ and ‘Milk with Dignity’ programs, which are human-rights centric and designed to attract consumers wishing to buy products that may be more ethically sourced,” the Ben & Jerry’s class action lawsuit says.

“Unfortunately, this is not the case,” according to plaintiff Dovid Tyrnauer, who alleges Ben & Jerry’s supply chains utilize migrant child labor.

Tyrnauer says he would not have purchased Ben & Jerry’s ice cream, or would not have paid as much for it, had he known that child labor is used in the ice cream maker’s supply chain.

Ben & Jerry’s ethic sets it apart from other ice cream makers, plaintiff says

Ben & Jerry’s sets itself apart from its competitors by claiming its ice cream products are driven by values and ethics instead of being strictly driven by profit, the class action alleges.

The ice cream company regularly speaks out on social issues and creates ice cream flavors with names to raise awareness for certain initiatives, such as its “EmpowerMINT” flavor, according to the complaint.

The company’s website touts its company values as including thoughtful ingredient sourcing, animal welfare, and environmentally conscious farming, the Ben & Jerry’s class action lawsuit notes. The company has reportedly also been certified as a B Corporation since 2012, meaning it has satisfied certain standards to verify social and environmental performance, public transparency, and legal accountability.

However, Ben & Jerry’s was reportedly one of the U.S. companies recently exposed by The New York Times on Feb. 25 as allegedly exploiting migrant children.

According to The New York Times, migrant child laborers were discovered to be working in Ben & Jerry’s supply chain milk processing facilities.

Tyrnauer says that Ben  & Jerry’s use of migrant child labor in its supply chain “is in sharp contrast” with the stated Ben & Jerry’s ethic of high standards and values.

The Ben & Jerry’s class action lawsuit asserts claims for breach of express warranty and violations of New York business law. Tyrnauer seeks an injunction against Ben & Jerry’s allegedly unlawful and deceptive business practices.

Ben & Jerry’s has faced other class action lawsuits challenging their representations about the quality of their dairy products. In 2020, the ice cream maker sought to dismiss a Ben & Jerry’s class action lawsuit challenging its claims that its dairy products come from “happy cows.”

Does this Ben & Jerry’s class action lawsuit influence your decision to purchase the company’s products in the future? Tell us your thoughts in the comments!

Tyrnauer is represented by Israel David, Blake Hunter Yagman, and Madeline Sheffield of Israel David LLC.

The Ben & Jerry’s ethic class action lawsuit is Dovid Tyrnauer v. Ben & Jerry’s Homemade Inc., Case No. 1:23-cv-01877, in the U.S. District Court for the Southern District of New York, White Plains Division.

Read About More Class Action Lawsuits & Class Action Settlements:

• Ben & Jerry’s Seeks Dismissal of ‘Happy Cows’ Ice Cream Class Action
• Chick-fil-A confirms data breach that impacts 70K+ accounts
• Brad’s Plant Based class action alleges company falsely advertises kale chip protein amount
• Bumble Bee, Walmart class actions claim companies’ seafood products not sustainable as advertised