Business

Judge dismisses ‘happy cow’ suit against Ben & Jerry’s

The 2019 lawsuit says the company misled consumers by saying the milk and cream in its products comes from "happy cows."

Ben and Jerry's ice cream. Ben and Jerry's

Related Links

BURLINGTON, Vt. (AP) — A federal judge has dismissed a lawsuit against Ben & Jerry’s that alleged that the ice cream maker and its parent company misled consumers by saying the milk and cream in its products comes from “happy cows.”

In a complaint filed Oct. 29, 2019, in Burlington, Vermont, where Ben & Jerry’s was founded, environmental advocate James Ehlers said that many of the farms that produce the milk and cream are factory-style, mass production dairy operations and only some are part of the company’s “Caring Dairy” program.

U.S. District Judge Christina Reiss on Thursday threw out the lawsuit, saying Ben & Jerry’s, owned by the multinational firm Unilever, did not claim that all its milk comes from farms enrolled in Caring Dairy, Vermont Public Radio reported.

Advertisement:

She also noted that Ben & Jerry’s no longer uses the “happy” cow label on its ice cream cartons.

“As a result, any possibility of future deception of plaintiff in a similar way to the harm alleged … is non-existent,” she wrote.

Ehlers said he’s considering amending his lawsuit. Ben & Jerry’s spokeswoman Laura Peterson said in a written statement that the court was right to dismiss the “meritless” claims.

Jump To Comments

Conversation

This discussion has ended. Please join elsewhere on Boston.com