What was the final outcome of the Dovid Tyrnauer v. Ben Jerrys Homemade, Inc. litigation?
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 litigation filed by Dovid Tyrnauer against Ben Jerrys Homemade, Inc. was dismissed. The case, filed on March 3, 2023, in the United States District Court for the Southern District of New York, alleged that Ben Jerrys's products were produced via supply chains that may contain migrant child labor. The plaintiff claimed that they would not have purchased the products or would have paid less if they had known this information, accusing Ben Jerrys of breach of warranty and deceptive business practices.
On June 12, 2023, the plaintiff filed an amended complaint, and the case was subsequently transferred to the United States District Court for the District of Vermont on August 11, 2023. Ben Jerrys filed a motion to dismiss the amended complaint, which the Court granted on August 27, 2024, resulting in the dismissal of the case.
For a prospective franchisee, this concluded litigation indicates that Ben Jerrys successfully defended itself against claims related to its supply chain practices. While this specific case is resolved, it highlights the potential for litigation related to ethical sourcing and business practices, which franchisees should be aware of. Franchisees should stay informed about Ben Jerrys's policies and any ongoing or future litigation to understand potential risks and liabilities associated with the brand.