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ARTICLE · 01 JUNE 2020

Ben & Jerry's Cows Are Now Emotionless

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Facing a lawsuit from the Organic Consumers Associate dating back to 2018 and a potential class action suit filed in October 2019, Ben & Jerry's removed the references to its "happy cows" from its packaging, leaving only images ...

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Facing a lawsuit from the Organic Consumers Associate (the "OCA") dating back to 2018 (which we blogged about previously) and a potential class action suit filed in October 2019, Ben & Jerry's removed the references to its "happy cows" from its packaging, leaving only images of cartoon cows that have, according to Ben & Jerry's, "no discernible expression."  The OCA has stated that it will nonetheless continue to litigate the other claims alleged in its lawsuit, which had previously survived Ben and Jerry's motion to dismiss.

A federal judge in Vermont, however, recently dismissed the class action lawsuit.   The plaintiff alleged that this language on the Ben & Jerry's packaging:  "We strive to make the best possible ice cream in the best possible way. We source Non-GMO ingredients, Fairtrade cocoa & sugar, eggs from cage-free hens & milk & cream from happy cows. Learn more at benjerry.com," combined with this header from the Ben & Jerry's website, "Basic standards

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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