What was the date that the Ben-Ami case was filed against Ben Jerrys?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
e Court granted this motion and dismissed the case on August 27, 2024.
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Ben-Ami and Spiegelman Class Action
Ido Ben-Ami v. Ben & Jerry's Homemade, Inc., Class Action No. 45950-07-21 (Central Dist. Ct. of Israel), filed on July 21, 2021 (the "Ben-Ami Case"); and Rebecca Spiegelman v. Ben & Jerry's Homemade, Inc., Class Action No. 46391-07-21 (the "Spiegelman Case")).
The named plaintiffs in the Ben-Ami Case and the Spiegelman Case asserted that Ben & Jerry's Homemade, Inc.'s ("Homemade's") July 19, 2021 announcement that it would cease to sell products in the disputed territories was a violation of Section 3(a1) of the "Prohibition of Discrimination in Products, Services, and Entry to Public Places Law, 2000" In the Ben-Ami Case, the named plaintiff sought an order requiring Homemade to withdraw its announcement, and made a personal claim of NIS 100 (approximately USD$30), and the class's total claim was NIS 14,000,000 (approximately USD$4,307,690). In the Spiegelman Case, the named plaintiffs sought an injunction that would restrain Ben & Jerry's Homemade, Inc. ("Homemade") from discriminating against the residents of the disputed territories and would force Homemade to market its products in an equal manner in Israel. The amount sought in the Spiegelman Case was a personal claim of NIS 100 (approximately USD$30) and the class's total claim is NIS 30,000,000 (approximately USD$9,230,770).
On December 16, 2021, the Ben-Ami and Spiegelman plaintiffs (referred to hereafter as the "Applicants") moved together to submit a unified motion to certify a class action under the Israeli Class Action Law. At the same time, the Applicants moved to amend their motion to certify a class action in order to add a claim under Israel's "Anti-Boycott Law". On December 29, 2021,
Homemade objected to the motions to unify and amend, arguing that (a) it would overburden Homemade to defend against two separate Applicants; and (b) because no "dealer-customer" relationship or consumer relationship exists between Homemade and the Applicants, a claim under the Anti-Boycott Law could not be adjudicated in the framework of the Israeli Class Actions Law.
Source: Item 3 — LITIGATION (FDD pages 18–20)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Ben-Ami case was filed on July 21, 2021. This case, officially titled Ido Ben-Ami v. Ben & Jerry's Homemade, Inc., Class Action No. 45950-07-21, was filed in the Central District Court of Israel. The document also mentions a related case, Rebecca Spiegelman v. Ben & Jerry's Homemade, Inc., Class Action No. 46391-07-21, filed on the same date. These cases are collectively referred to as the "Ben-Ami Case" and the "Spiegelman Case".
The plaintiffs in both the Ben-Ami and Spiegelman cases claimed that Ben Jerrys's announcement on July 19, 2021, to cease selling products in disputed territories, violated the "Prohibition of Discrimination in Products, Services, and Entry to Public Places Law, 2000". The Ben-Ami case sought an order for Ben Jerrys to withdraw its announcement, along with a personal claim of NIS 100 (approximately USD$30) and a class claim of NIS 14,000,000 (approximately USD$4,307,690). The Spiegelman case sought an injunction to prevent Ben Jerrys from discriminating against residents of the disputed territories, with a personal claim of NIS 100 (approximately USD$30) and a class claim of NIS 30,000,000 (approximately USD$9,230,770).
Both cases were eventually settled in December 2022 for a combined nominal amount of $25,000, split equally, and subsequently dismissed. This resolution indicates that while litigation can arise from various business decisions, settlements can be reached to resolve disputes. For a prospective franchisee, this highlights the importance of understanding potential legal challenges and the costs associated with them, even if they are eventually settled.