On Jan. 16, Organic Consumers Association (OCA) 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.”
OCA sued Ben & Jerry’s in July 2018 for the deceptive labeling, marketing and sale of its ice cream. OCA alleges that, contrary to the Vermont-based company’s representations of humane sourcing and environmental responsibility, the ingredients are sourced from typical factory farms and some of the products contain traces of glyphosate, an environmentally harmful biocide and the key ingredient in Monsanto’s Roundup weed-killer.
In January 2019, the District of Columbia Superior Court rejected Ben & Jerry’s motion to dismiss OCA’s lawsuit, brought under the District of Columbia Consumer Protection Procedures Act (CPPA). OCA is represented by Richman Law Group.
In October 2019, a class action lawsuit alleging similar claims was filed in the U.S. District Court in Vermont. In a motion to dismiss the Vermont lawsuit filed earlier this week, Ben & Jerry’s revealed publicly that it is removing the “happy cows” statement from its packaging, OCA said in its Jan. 16 release on the matter.
The Organic Consumers Association (OCA) is a 501(c)(3) nonprofit grassroots organization that says it advocates on behalf of millions of consumers for safe, healthful food and a clean environment.
