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Last month, Ben & Jerry’s revealed that it will no longer claim on its product packaging that its ice cream comes from “happy cows.” The company’s statement comes after being sued twice for deceiving consumers about its animal welfare policies.
WASHINGTON, D.C. – Attorneys for Organic Consumers Association (OCA) filed a limited motion for summary judgment, with the D.C. Superior Court, in the nonprofit’s false advertising lawsuit, filed in July 2018, against Unilever-owned Ben & Jerry’s.
The motion asks the court to find that Ben & Jerry’s falsely claimed that its “Caring Dairy” animal husbandry standards were “required for all farmers” who supplied the dairy used in its products. The motion states that Ben & Jerry’s admitted that it uses milk from “conventional dairy sources” that do not adhere to “Caring Dairy” standards.
“Consumer protection laws are intended to protect consumers from advertising, marketing and packaging claims that are patently false,” said Ronnie Cummins, OCA’s international director. “This goal will be achieved only if companies like Unilever are challenged when they make false claims about their brands, and held accountable by the courts. OCA’s mission includes working on behalf of consumers to make sure our legal system defends consumer rights.”
The Columbus-area farmer, one of six Miller family members running a venerable homestead farm that dates to 1852, is patiently explaining how the previous fall they couldn’t harvest crops or plant winter grains because of the wet fields that had mired the 1,600 acres they own and rent north of Sun Prairie.
One of Ben & Jerry’s largest “Caring Dairy” farms was recently caught fudging its cow numbers to avoid state regulations, according to records obtained by Regeneration Vermont.
For more than 18 months, the Gosliga Farm in Addison misled state officials about its cow numbers, which kept them from being classified as a “large farm operation (LFO)” by the Vermont Agency of Agriculture, a classification that triggers significantly more regulation and oversight.
Ben & Jerry’s will no longer state on its packaging that the milk and cream used in its ice cream comes from “happy cows.”
That’s (a little) good news for consumers who have been misled for years into thinking that all of the milk and cream in Ben & Jerry’s ice cream comes from dairy farms where cows contentedly frolic outdoors. It doesn’t. In fact, Ben & Jerry's uses milk from conventional, industrial factory farm-style farms.
Ben & Jerry’s ice cream packaging will continue to use the brand’s cartoon image of a cow—depicted outdoors, on a green pasture, under a big blue sky. According to the lawyers representing Ben & Jerry’s parent company, Unilever, the cows “did not look happy to begin with.”
We’ll let you be the judge of whether or not Ben & Jerry’s cartoon cows look “happy.” But to be clear—no matter how much fun the media is having with this happy cow narrative—Ben & Jerry’s deceptive marketing tactics are serious business.
Organic Consumers Association (OCA) today issued the following statement upon learning that Ben & Jerry’s will no longer claim on product packaging that its ice cream comes from “happy cows”:
"The removal of misleading ‘happy cow’ claims is a victory for consumers and an indication that Ben & Jerry’s can’t back up those claims,” said OCA International Director Ronnie Cummins. “But this is just one small step toward more honest representation of the Ben & Jerry’s brand. OCA will continue, through our own ongoing litigation against Ben & Jerry’s and its parent company, Unilever, to push for Ben & Jerry’s either to live up to its remaining marketing claims, or to remove all claims that have no basis in fact.”
Ben & Jerry's Homemade Inc. has dropped the claim that the milk for its ice cream comes from "happy" cows. The word that the cows may not be contented comes in the company's response to a federal consumer fraud lawsuit. That case, filed in October, alleges the Vermont ice cream maker misleads the public about how its farms treat their animals and protect the environment.
Iowa dairy farmer Francis Thicke believes that keeping calves with their mothers is the most humane and healthy way to start them off. He has also determined that weaning them after three to four months is the best practice. Around that age, he acknowledges with a chuckle, “they start turning into juvenile delinquents. They won’t come when their moms call. They run around in gangs. And they get high on grass.”
At Art Schaap’s dairy farm in Clovis, New Mexico, sprinklers draw from deep wells to water green fields of sorghum and corn. Near the milking barn Schaap built almost three decades ago, glossy black-and-white cows lap water from a pipe.
In recent years, the business started by two friends in a converted Burlington gas station has faced criticism over its own production methods, including a pair of lawsuits accusing the longtime ice cream purveyor of misleading consumers about just how humane its products really are.
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