Organic Consumers Association Wins on Motion to Dismiss in Case Against Unilever-Owned Ben & Jerry's for Deceptive Marketing Claims
Photo: benjerry.fr, CC BY-NC 2.0
January 10, 2019
Washington, DC –Organic Consumers Association (OCA) today announced that the District of Columbia Superior Court rejected Ben & Jerry’s motion to dismiss a lawsuit OCA brought against the Unilever-owned brand in July 2018 under the District of Columbia Consumer Protection Procedures Act (CPPA).
“We are pleased that the court agrees that Ben & Jerry’s can be held accountable for the claims it makes about its products, and how the production of those products impacts animal welfare and the environment,” said Ronnie Cummins, OCA’s international director. “This is a major victory for millions of consumers who have been deceived by Ben & Jerry’s marketing claims.”
OCA sued Ben & Jerry’s for the deceptive labeling, marketing and sale of its ice cream products as humanely sourced and environmentally responsible, despite the fact that ingredients are sourced from typical factory dairy farms and some of the products contain traces of glyphosate, an environmentally harmful biocide and the key active ingredient in Monsanto’s Roundup® weedkiller.
In its ruling, the court agreed that consumers may have been misled by Ben & Jerry’s environmental responsibility statements into believing that the company’s ice cream products would be free of glyphosate.
The court also agreed that Ben & Jerry’s general messages about humane treatment of cows in the “Caring Dairy” program and “values-led sourcing” may mislead customers into believing that Ben & Jerry’s uses ingredients only from dairy farms with higher-than-average animal welfare standards, when the evidence may suggest otherwise.
OCA is represented by Richman Law Group.
The Organic Consumers Association (OCA) is a 501(c)(3) nonprofit grassroots organization advocating on behalf of millions of consumers for safe, healthful food and a clean environment. Visit: https://www.organicconsumers.org/.
Richman Law Group (RLG) is a collective of lawyers specializing in impact litigation to repair the world. RLG was founded on the idea that what cannot be achieved by way of legislation can sometimes be achieved by way of litigation. This tight-knit cadre of tenacious and diverse professionals is dedicated to fighting for the rights of its clients, and through them, the needs of the community at large. Visit: www.richmanlawgroup.com.
CONTACT: Katherine Paul, Organic Consumers Association, (207) 653-3090, katherine@organicconsumers.org