Wendel Rosen Food & Beverage Law BLog

“Happy Cows” and Sad Customers? Bill Acevedo Comments on Ben & Jerry’s Milk Sourcing Lawsuit

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In a recent interview with Food Navigator USA, Partner Bill Acevedo discusses the recent lawsuit against Unilever that alleges the company misleads customers by representing Ben & Jerry’s ice cream products as being made with milk from “happy cows” in a Caring Dairy Program. The lawsuit states that only a small percentage of the milk and cream used in these products comes from these “happy cows and that the majority originates from regular, mass-produced dairy operations.

Bill looks at the possible strategies Unilever could undertake to defend itself in the lawsuit. He offers one possible defense: “show that the prospective class is undermined by the predominance of individual issues,” questioning whether every customer purchased the product because its milk and cream came from “happy cows.” As Bill says, maybe the customer really likes the ice cream flavor.

To read the full article, please visit Food Navigator USA.

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