I Er

I Er-Free PDF

  • Date:19 May 2020
  • Views:25
  • Downloads:0
  • Pages:23
  • Size:354.10 KB

Share Pdf : I Er

Download and Preview : I Er


Report CopyRight/DMCA Form For : I Er


Transcription:

Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 2 of 23. Unilever Conopco Inc d b a Unilever United States acquired Ben Jerry s Homemade Inc. 4 Upon information and belief the goodwill generated by Ben Jerry s prior. reputation for being socially and environmentally conscious was a valuable and significant. component of Unilever s acquisition of the brand allowing Unilever to capitalize on a growing. market of conscious consumers, 5 Since the acquisition Ben Jerry s Homemade Inc is no longer the independent. Vermont company of its origins and neither Ben Cohen nor Jerry Greenfield has any role in its. day to day management despite their images continuing to appear on packaging of Ben Jerry s. 6 To the detriment of consumers operations and marketing for the Ben Jerry s. brand are very different as a part of multinational Unilever than they were when Ben Jerry s. Homemade Inc was run in Vermont by Mr Cohen and Mr Greenfield Nevertheless Unilever. continues to capitalize on the goodwill that Ben Jerry s earned in Vermont and nationwide. during its earlier decades, 7 During the past several years Unilever has breached consumer trust by representing. the Ben Jerry s Products as being made with milk and cream sourced exclusively from happy. cows on Vermont dairies that participate in a special humane Caring Dairy program Unilever. has provided consumers with specific fact based requirements that it says these Caring Dairy. farms meet, 8 In reality contrary to the message knowingly conveyed by Unilever to consumers. only a minority percentage of the milk and cream in the Products actually is sourced from these. happy cows on Caring Dairy farms the remaining milk and cream originates from factory. style mass production dairy operations exactly what consumers who choose Ben Jerry s. Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 3 of 23. Products would like to avoid, 9 Vermont products are renowned in Vermont and across the country The. representation that the milk and cream in these Ben Jerry s Products originates exclusively from. happy cows on Caring Dairy farms is material to consumers who choose the Products and. who view Ben Jerry s Homemade Inc as a socially conscious independent Vermont company. The reputation of Ben Jerry s Homemade Inc draws consumers who see these representations. as material, 10 Unilever s misrepresentations about milk and cream sourced exclusively from.
happy cows on Caring Dairies prompt consumers to buy more Ben Jerry s Products and to. pay more for them than they otherwise would, 11 Plaintiff Ehlers like other reasonable consumers who see Unilever s. representations about milk and cream sourced exclusively from happy cows on Caring Dairy. farms did not expect the Products to be made with dairy produced on regular factory style mass. production dairy operations, 12 By deceiving consumers about the true nature of the Ben Jerry s Products. Unilever is able to sell a greater volume of the Products to charge higher prices for the Products. and to take away market share from competitors thereby increasing its own sales and profits. 13 Because Unilever s labeling and advertising of the Ben Jerry s Products are false. and misleading to reasonable consumers Plaintiff Ehlers brings this case on behalf of himself and. the members of the class and subclass seeking injunctive and monetary relief as set forth more. fully below, 14 Plaintiff James Ehlers is a resident of Winooski Vermont and a long time. Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 4 of 23. purchaser of Ben Jerry s Products During the class period as further defined below Plaintiff. Ehlers has purchased the Phish Food One Love Americone Dream Tonight Dough Chocolate. Chip Cookie Dough Mint Chocolate Cookie S Mores and New York Super Fudge Chunk. varieties of Ben Jerry s Products, 15 Plaintiff Ehlers has purchased these Products from his local Shaw s supermarket. 66 Mountain View Colchester Vermont, 16 When he purchased these Products Plaintiff Ehlers did so in reliance on the label.
representations and the website to which the label directed him Plaintiff Ehlers read the written. representations about happy cows on Caring Dairy farms and watched the Caring Dairy. video presented on the Ben Jerry s website that Unilever maintains Plaintiff Ehlers understood. the representations to mean that the Ben Jerry s Products he purchased were made with milk. and cream sourced exclusively from these happy cows on Caring Dairy farms. 17 Defendant Ben Jerry s Homemade Inc is a Vermont corporation with its. principal place of business in Burlington Vermont It is a wholly owned subsidiary of Defendant. Conopco Inc, 18 Defendant Conopco Inc doing business as Unilever USA is a New York. corporation with its principal place of business in Englewood Cliffs New Jersey. 19 Defendants manufacture and or cause the manufacture of the Ben Jerry s. Products and market distribute and sell the Products throughout the United States including in. SUBSTANTIVE ALLEGATIONS, 20 In recent years consumers have grown more concerned about health sustainability. and animal welfare leading them to consider how their food is produced This increased. Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 5 of 23. consideration of food production helped Ben Jerry s brand which presented itself as a socially. conscious and environmentally responsible brand to thrive. 21 Consumers now actively seek products that provide assurances regarding animal. welfare and consumers as Unilever knows are willing to pay more for products marketed in this. way than they are willing to pay for competing products that do not provide assurances about. animal welfare, 22 Unilever manufactures and markets a variety of Ben Jerry s Ice Cream Products. the Products 1, 23 Unilever represents to consumers that the Products are made from milk produced. by happy cows and directs consumers to a website to read that the happy cows are raised on. Caring Dairy farms which according to Unilever must meet specific verifiable requirements. The happy cows packaging leads consumers to believe and the website referenced on the. packaging has explicitly stated that the requirements of the Caring Dairy program apply to all. dairies that supply milk and cream for the Ben Jerry s Products. I The Reality of the Milk Sourced for the Products Renders the Ben Jerry s. Advertising False and Deceptive, 24 In contrast to what Unilever has told consumers the Products are made from a.
mixture of 1 milk that comes from farms participating in the Caring Dairy program and 2. milk that comes from cows on factory style mass production dairy operations Unbeknownst to. consumers who believe they are supporting exclusively Caring Dairy farms and the original. Ben Jerry s ethos Unilever is misleading them to use their patronage to support factory style. Ben Jerry s may discontinue offering some Products and regularly introduces new. products Plaintiffs Ehlers and Wong Lee reserve the right to add or remove products to the. definition of Products as they become known, Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 6 of 23. Ben Jerry s ethos Unilever is misleading them to use their patronage to support factory style. mass production dairy operations, 25 The packaging of the Products signage in Ben Jerry s retail locations and. take away cups from retail locations present the Products as made with milk produced by happy. cows featuring among other representations green fields blue skies and cartoon depictions of. happy animals Because they are prominent on packaging these representations are necessarily. seen by retail purchasers of the Products, Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 7 of 23. 26 The packaging with its happy cow assurances prominently directs purchasers. to find more about the meaning of these assurances on the Ben Jerry s website i e to learn. more at benjerry com the address of which is prominently featured on the Product packaging. 27 On the website to which the packaging directs purchasers Unilever explains that. the happy cows are part of a Caring Dairy program a unique program that s helping. farmers move toward more sustainable practices on the farm 2. 28 The Caring Dairy representations have been supported with assurances of. values led sourcing for the Ben Jerry s Products and finding ways to reduce the. Ben Jerry s Website How We Do Business, https www benjerry com values how we do business ingredients last visited Oct 10 2019. Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 8 of 23. environmental impact of our business 3, 29 Until recently and during the class period Unilever s Ben Jerry s website the.
address of which is displayed to explain the happy cows representation told consumers that. the Caring Dairy program is required for all farmers Unilever appears to have removed this. representation only after a non profit organization sued Ben Jerry s in Washington D C. Superior Court alleging misrepresentation,Caring Daiz 1 Standards. Basic standards for being a Caring Dal Y farmer ujred for all farmers. The basic standards are specific to Cow Care Planet Stewardship and the Farmer Farm. Worker In order to be a Caring Dairy farmer all these standards must be met All farms will. undergo a third party verification by Where Food Comes From to evaluate how each farm is. meeting the required Standards For a farm to be considered a Caring Dairy farm they must. meet the Basic Standards for participation From there farms can strive for Silver or Gold level. recognition and received a larger compensation for their achievement. Unilever s Ben Jerry s website Caring Dairy Standards https www benjerry com whats. new 2016 caring dairy standards visited July 9 2018. Screenshot of Unilever s Ben Jerry s website If It s Melted It s Ruined. WaybackMachine Aug 14 2019, https web archive org web 20190814192535 https www benjerry com values issues we care. about climate justice, Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 9 of 23. new 2016 caring dairy standards visited July 9 2018. 30 According to Unilever s Ben Jerry s website explaining the happy cows the. Caring Dairy program respects the farmer and their farmworkers the planet and the cow 4. 31 Unilever s Ben Jerry s website which the packaging ties to the happy cow. assurances describes the Caring Dairy program as follows. Caring Dairy provides our farmers a program for evaluating implementing and. continuously improving sustainable agricultural practices on their farms Our belief. is that the future of dairy farming is to build soil health that includes increased cover. crops alternative tilling practices rotational crops and grazing techniques We also. believe that high quality animal care is fundamental to the success of a farm a well. cared for cow will produce a higher quality milk And of course the importance of. labor that supports the entire farm from the farmer to the farmworker 5. 32 According to Unilever s Ben Jerry s website supplier farms join the Caring. Dairy program through verification by a third party that the farm meets certain standards These. standards are split into three categories that reflect the values that Unilever claims Ben Jerry s. believes in Cow Care Planet Stewardship and Farmer Farm Worker 6. 33 In addition to meeting the basic standards for being a Caring Dairy farmer. required for all farmers farms that supply Unilever for the Ben Jerry s Products the website. claims can also be verified as Silver Tier or Gold Tier by meeting additional standards 7. Unilever s Ben Jerry s website Caring Dairy https www benjerry com caringdairy. last visited Oct 10 2019, Unilever s Ben Jerry s website Caring Dairy Standards. https www benjerry com whats new 2016 caring dairy standards last visited Oct 10 2019. Case 2 19 cv 00194 cr Document 1 Filed 10 29 19 Page 10 of 23. 34 Taken together Unilever s representations about the Caring Dairy program. which are offered to explain the happy cows of the Products packaging are intended to and do. portray to consumers an image of animal husbandry that is more environmentally friendly and. humane than regular factory style mass production dairy operations. 35 Contrary to the image created and the representations made by Unilever the milk. and cream used in the Products is produced in many different Vermont dairy facilities only some. of which are Caring Dairy verified Many if not most of the facilities are in fact regular. factory style mass production dairy operations, 36 The milk used in the Products is sourced through the St Albans Cooperative.
Creamery Inc St Albans a dairy cooperative based in St Albans City Vermont that has more. than 360 members In July 2019 the members of St Albans voted to merge the cooperative with. the massive Dairy Farmers of America headquartered in Kansas City Kansas of which St Albans. was previously a member, 37 As of January 2017 before the merger and within the class period as defined. below fewer than 90 of St Albans 360 members less than 25 were verified Caring Dairy. farms At this time Unilever was already representing to consumers that all the milk and cream in. the Ben Jerry s Products was sourced from happy cows on Caring Dairy farms. 38 St Albans is responsible for processing the raw milk produced both on the Caring. Dairy farms and on St Albans non Caring Dairy industrial facilities by separating the raw. Unilever manufactures and markets a variety of Ben amp Jerry s Ice Cream Products the Products 1 23 Unilever represents to consumers that the Products are made from milk produced by happy cows

Related Books