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.”

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.

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.”

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.”