Ben and Jerry’s Lawsuit Says Dairy Isn’t Sourced From ‘Happy Cows’

The Organic Consumers Association claims that Ben and Jerry’s falsely advertises that they source their dairy from “happy cows,” while really sourcing it from factory farms.

The Organic Consumers Association filed the class action lawsuit against the ice cream company and its parent company Unilever in Washington D.C. court on Monday, claiming that though the company bases its marketing in large part on the idea that they ethically source their ingredients, this is not the case.

Allegedly, less than 25 percent of the farms from which Ben and Jerry’s source the milk for their ice cream meet their advertised standards for dairy sourcing, known as the “caring dairy” standards.

These standards reportedly dictate that the company sources dairy based on how a farm cares for their animals and how environmentally conscious they are.

The Ben and Jerry’s dairy false advertising lawsuit claims that in reality, more than 75 percent of the farms from which Ben and Jerry’s sources dairy do not meet their advertised standards.

The Ben and Jerry’s dairy lawsuit alleges that many of these farms use cow confinement and non-grazing practices. This information shows that Ben and Jerry’s is not truly committed to animal treatment or environmental friendliness, the plaintiff claims.

The Ben and Jerry’s ice cream lawsuit goes on to argue that Ben and Jerry’s intentionally markets itself as a “responsible” brand that cares about animal welfare and the environment.

Allegedly, Ben and Jerry’s and Unilever have gained significant profits as a result of consumers who specifically purchase Ben and Jerry’s ice cream over other brands in an attempt to support their ethical practices.

In addition, the Ben and Jerry’s dairy source lawsuit claims that Ben and Jerry’s is able to charge a premium, because they market their ice cream as higher end, sustainable, and thoughtfully sourced.

Allegedly, the company gained these profits on the false pretenses that they intentional misled their consumers into believing.

OCA international director Ronnie Cummins stated that of the more than $9 billion spent by Unilever on advertising in 2017, a large portion “was spent to create the false perception that Ben & Jerry’s is committed to a clean environment and high annual welfare standards.”

To support their argument that Ben and Jerry’s sourcing choices are in direct opposition with their stated values, the OCA states that some of the conventional dairy operations and factory farms in Vermont from which Ben and Jerry’s sources its dairy have played a role in the state’s water pollution crisis.

The Organic Consumers Association claims that Ben and Jerry’s violated Washington D.C.’s Consumer Procedures Act.

The association seeks a declaration that the company violated the law, and an order specifically requiring the company to stop falsely advertising its dairy sources. They also seek reimbursement for legal fees, and any other damages the court deems appropriate.

The Organic Consumers Association is represented by Kim E. Richman of Richman Law Group.

The Ben and Jerry’s Dairy Sourcing Lawsuit is Organic Consumers Association v. Ben & Jerry’s Homemade Inc., et al., Case No. unknown, in the Superior Court of the District of Columbia, Civil Division.