Emily Sortor  |  November 1, 2019

Category: Food

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Ben & Jerry's ice cream storeA class action lawsuit alleges that Ben & Jerry’s ice cream is made from dairy not sourced from “happy cows” as advertised, but with milk from factory farms.

The Ben & Jerry’s class action lawsuit was filed by James Ehlers who says he purchased a range of Ben & Jerry’s products believing them to be sourced from “happy cows.” Allegedly, he discovered later that the dairy in the products was not sourced as advertised.

The Ben & Jerry’s lawsuit says that before its acquisition by Unilever, Ben & Jerry’s was an independent company based in Vermont. Allegedly, its popularity grew because customers were attracted to the brand’s connection to Vermont dairies and the local economy.

The Ben & Jerry’s happy cows class action lawsuit goes on to state that in 2000, an operation of Unilever acquired Ben & Jerry’s. According to the Ben & Jerry’s class action lawsuit, this acquisition ensured the company was no longer the independent business that customers had grown to love. Furthermore, this acquisition allegedly changed the management and process of manufacturing Ben & Jerry’s ice cream.

The Ben & Jerry’s dairy sourcing class action lawsuit notes that now, neither Ben Cohen or Jerry Greenfield have any role in the company’s day-to-day management, though their images are still prominently presented on Ben & Jerry’s packaging. 

Additionally, the operations are allegedly no longer in line with the values of social and environmental consciousness, says the Ben & Jerry’s class action lawsuit. The milk and cream for the ice cream are reportedly no longer sourced exclusively from Vermont dairies that are part of a “Caring Dairy” program ensuring the welfare and health of the animals.

Instead, most of the dairy allegedly comes from large factory farms that do not participate in the Caring Dairy program. Only a small portion of the milk used in Ben & Jerry’s ice cream is reportedly produced in the small, socially and environmentally conscious farms.

The Ben & Jerry’s class action lawsuit goes on to say that nonetheless, Unilever advertises that Ben & Jerry’s uses milk from “happy cows.”

According to Ehlers, Unilever intentionally misleads customers into thinking that Ben & Jerry’s products are sourced differently than they really are because Unilever is aware that Ben & Jerry’s original values of social and environmental responsibility were key to its rise in popularity.

Allegedly, Unilever falsely advertises Ben & Jerry’s to appeal to the values of its customers. Ehlers says that many customers would not have purchased the ice cream had they known that the milk was not from “happy cows.” Additionally, Ehlers claims that customers were financially injured by Unilever’s false advertising because customers pay a premium for Ben & Jerry’s, which costs significantly more than other ice cream brands.

Have you purchased Ben & Jerry’s ice cream? Do you care where the dairy is sourced? Let us know! 

Ehlers is represented by Joshua L. Simonds of The Burlington Law Practice PLLC and by Kim E. Richman of Richman Law Group.

The Ben & Jerry’s Ice Cream Class Action Lawsuit is James Ehlers v. Ben & Jerry’s Homemade Inc., et al., Case No. 2:19-cv-00194-cr, in the U.S. District Court for the District of Vermont. 

UPDATE: On Jan. 13, 2020, the parent company of Ben & Jerry’s ice cream, wanted a class action lawsuit dismissed that alleges the milk used in their products is from factory farms and not “happy cows.”

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547 thoughts onBen & Jerry’s Class Action Says Ice Cream Isn’t Made From ‘Happy Cows’

  1. Tawana Johnson says:

    Add me

  2. O''Country boy says:

    All you genius do-gooders, how can you determine if a cow is happy? Does she smile while eating? I raise a lot of cows free range. My cows complain a lot, particularly if they don’t like the amount of free range they are getting at that minute. I think this is just another scam to con some money out of the stupid. The National Guard General in LA said you can’t fix stupid, but a lot of lawyers and grifters sure try get some bakshies out of it.

  3. Cecily B Lynch says:

    I attempt to purchase products from socially responsible companies. Please add me,

  4. JD says:

    Definitely would want to be included in this. Where the milk is sourced from is extremely important. I am significantly less likely to pay the premium pricing for a product when it is not sourced as advertised. That would be like purchasing the free range eggs that I currently purchase and then finding out that I am paying about triple the price for the same eggs that are from a factory farm.

  5. Mary Pickens says:

    add me please

  6. Mary Holder says:

    add me

  7. Raphael Paz says:

    Add me

  8. MikeM_inMD says:

    Ben & Jerry’s is now made by a giant corporation and not by left-leaning, eco-friendly folks? GREAT! Now I don’t feel guilty buying their product.

    1. Annette McMillan says:

      Please add me.

  9. Gladys Nixon says:

    Add me please

  10. Kaja Wright says:

    Can you add me, please??? Thank you!

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