What are the criteria that manufacturers, distributors, and suppliers must meet to be approved by Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ces for Shops being developed.
None of our officers owns an interest or direct stock ownership in any of the approved suppliers used by Ben & Jerry's franchisees.
Non-Proprietary Products and Other Purchases
All Non-Proprietary Products sold or offered for sale at the Shop must meet our thencurrent standards and specifications and be approved by us prior to any use. Also, in addition to the Trade Dress described above, you must purchase, install, and use all fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs and materials as we may reasonably require in the Manual or other written materials. You must purchase all Non-Proprietary Products and other items solely from manufacturers, distributors and suppliers who demonstrate to our continuing reasonable satisfaction the ability to meet our responsible sourcing standards, criteria and specifications, who possess adequate quality controls and capacity to supply your needs promptly and reliably, and who have been approved by us in the Manual or otherwise in writing. You may not purchase, offer or sell any Products, or purchase, install, or use on the premises of your Shop, any fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs and materials that we have not previously approved as meeting our standards and specifications. We may be an approved supplier of some of such items. We may disapprove of Products and suppliers based on our desire to consolidate System purchases through fewer suppliers.
We may designate a single supplier, which may be us or one of our affiliates, for any products, equipment, supplies, or services, in which event you must purchase such items exclusively from the designated supplier. We and/or our affiliates may receive payments or other compensation from suppliers on account of the suppliers' dealings with us, you, or other Ben & Jerry's Shops in the System. We may use any amounts that we receive from suppliers for any purpose that we deem appropriate. We and/or our affiliates may negotiate supply contracts with our suppliers under which we are able to purchase products (including Products), equipment, supplies, and services at a price lower than that at which our franchisees are able to purchase the same items.
Product and Supplier Approvals and Specifications
If you want to purchase unapproved products, or equipment, supplies, services, or Non-Proprietary Products (the "Non-Proprietary Item(s)") from other than approved suppliers, you must submit a request to us in writing, together with the samples or other evidence of conformity with our specifications as we reasonably require. We will have the right to require that our representatives be permitted to inspect the supplier's facilities, and that samples from the supplier be evaluated and tested by us or an independent testing facility designated by us. You must pay a charge not to exceed the reasonable cost of the evaluation and testing. We must, within 90 days after we receive your completed written request and completion of evaluation and testing of the proposed supplier and/or any such product or item, notify you in writing of our approval or
disapproval of the proposed supplier and/or the item. If approved, you will be allowed to use the Non-Proprietary Item(s) for a test period of 6 months after which Ben & Jerry's will evaluate whether to approve the Non-Proprietary Item(s) for system-wide use, or decline the Non-Proprietary Item(s) for system-wide use.
We may revoke our approval of particular suppliers and/or Products, equipment, supplies, services, and other items when we determine that the supplier and/or Product or other item no longer meets our standards.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 37–41)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, manufacturers, distributors, and suppliers of Non-Proprietary Products must meet specific criteria to gain and maintain approval. These criteria include demonstrating the ability to meet Ben Jerrys' responsible sourcing standards, criteria, and specifications, possessing adequate quality controls, and having the capacity to supply a franchisee's needs promptly and reliably. Ben Jerrys may also disapprove of products and suppliers to consolidate System purchases through fewer suppliers.
If a franchisee wishes to purchase unapproved products or Non-Proprietary Items from unapproved suppliers, they must submit a written request to Ben Jerrys, along with samples or evidence of conformity with Ben Jerrys' specifications. Ben Jerrys has the right to inspect the supplier's facilities and evaluate samples, with the franchisee bearing the reasonable costs of evaluation and testing. Ben Jerrys will then notify the franchisee in writing of the approval or disapproval within 90 days of receiving the completed request and evaluation. If approved, the Non-Proprietary Items can be used for a 6-month test period, after which Ben Jerrys will decide whether to approve the items for system-wide use.
Ben Jerrys also considers several factors when approving suppliers, including their ability to meet the company's standards and specifications, their quality controls, their capacity to supply franchisees' needs promptly and reliably, and the potential for the System to benefit from marketplace efficiencies. For Non-Proprietary Products, equipment, supplies, services, and other items, Ben Jerrys considers their conformity with specifications, compatibility with Ben & Jerry's Products, consistency with the desired image of the System, and availability to the System. Ben Jerrys retains sole control over the Products authorized for sale and may deny approval for any reason. Ben Jerrys estimates that 75% of initial shop purchases and leases and 80% of ongoing purchases and leases must be from approved suppliers or according to their specifications.