Ben & Jerry’s mentioned it doesn’t deceive shoppers by saying it used milk and cream from “comfortable cows” to make its ice cream, and that an environmental advocate’s lawsuit claiming in any other case needs to be dismissed.
In a Monday filing seeking to end the proposed nationwide class action, Ben & Jerry’s mentioned James Ehlers didn’t plausibly allege why its statements about utilizing cows from Vermont dairies in its “Caring Dairy” program mattered to cheap shoppers.
Ben & Jerry’s additionally mentioned Ehlers lacked standing to hunt future aid as a result of he now is aware of the place its milk and cream come from, and since it has eliminated “comfortable cows” from packaging, leaving cartoon cows with “no discernible expression” on the labels.
“They didn’t look comfortable to start with,” Ben & Jerry’s mentioned, joined by its guardian Unilever Plc.
Jay Shooster, a lawyer for Ehlers, declined to remark.
In his Oct. 29 complaint filed with the federal court in Burlington, Vermont, Ehlers mentioned that greater than half the milk and cream utilized in Ben & Jerry’s ice cream truly got here from “factory-style, mass-production” dairy operations.
He mentioned deceptive advertising enabled Ben & Jerry’s to cost premium costs, and violated a Vermont shopper safety regulation.
Ben & Jerry’s countered that “comfortable cows” was merely an announcement of opinion, often known as “puffery,” and couldn’t help the lawsuit.
“Happiness can’t be measured objectively, and Ehlers couldn’t take a cow’s deposition to ask the way it feels,” it mentioned.
Based in 1978 in a renovated gasoline station, Ben & Jerry’s has lengthy positioned itself as socially acutely aware. Unilever purchased the corporate in August 2000. Ehlers misplaced within the Democratic major to turn out to be Vermont’s governor in 2018.
The case is Ehlers v Ben & Jerry’s Do-it-yourself Inc et al, U.S. District Courtroom, District of Vermont, No. 19-00194.
(Reporting by Jonathan Stempel in New York; Modifying by Tom Brown)
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