In the Dovid Tyrnauer case against Ben Jerrys, what was the primary allegation made by the plaintiff?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Dovid Tyrnauer v. Ben & Jerry's Homemade, Inc., United States District Court for the Southern District of New York, White Plains Division, Case No. 1:23-cv-01877. On March 3, 2023, Dovid Tyrnauer ("Plaintiff") filed a purported class action complaint against Ben & Jerry's Homemade, Inc. ("Homemade"), alleging that Plaintiff and the proposed class were harmed because, had they known that the products sold by Ben & Jerry's were produced via supply chains that may contain migrant child labor, they would not have bought these products at all or would have been willing to only pay a fraction of what they actually paid. In making the complaint, which accuses Homemade of breach of warranty and deceptive business practices, Plaintiff relies on a New York Times article (Hannah Dreier, "Biden Administration Plans Crackdown on Migrant Child Labor," (Feb. 27, 2023), at https://www.nytimes.com/2023/02/27/us/biden-child-labor.html).
On June 12, 2023, Plaintiff filed its First Amended Complaint. On August 11, 2023, the case was transferred to the United States District Court for the District of Vermont (Case No. 2:23-cv-00299-cr). Homemade filed a motion to dismiss Plaintiff's First Amended Complaint and the Court granted this motion and dismissed the case on August 27, 2024.
Source: Item 3 — LITIGATION (FDD pages 18–20)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Dovid Tyrnauer case involved allegations that the Plaintiff and the proposed class were harmed because they would not have purchased Ben Jerrys' products, or would have paid less for them, had they known the products were produced via supply chains that may contain migrant child labor. The Plaintiff accused Ben Jerrys of breach of warranty and deceptive business practices, referencing a New York Times article about migrant child labor.
The lawsuit, filed on March 3, 2023, in the United States District Court for the Southern District of New York, was later transferred to the United States District Court for the District of Vermont. Ben Jerrys filed a motion to dismiss the Plaintiff's First Amended Complaint, which the Court granted on August 27, 2024, effectively dismissing the case.
For a prospective franchisee, this concluded litigation indicates potential risks associated with Ben Jerrys' supply chain and public perception. While this specific case was dismissed, similar allegations could arise in the future, potentially impacting the brand's reputation and sales. It is important for potential franchisees to be aware of these risks and consider how they might affect their investment.