What must a Ben Jerrys franchisee do before deviating from specifications and procedures?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 67–68)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, a franchisee must obtain approval before deviating from the brand's standards and specifications. Specifically, all non-proprietary products sold or offered at a Ben Jerrys shop must meet the current standards and specifications and receive approval from Ben Jerrys before use.
This requirement extends to all fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs, and materials, which must be purchased, installed, and used as reasonably required by Ben Jerrys in its manual or other written materials. Franchisees must buy these items only from approved manufacturers, distributors, and suppliers who meet Ben Jerrys' responsible sourcing standards and quality control criteria.
In practical terms, this means a Ben Jerrys franchisee cannot independently decide to use a different brand of napkins or a new type of ice cream topping without first getting the green light from Ben Jerrys. This ensures uniformity across all franchise locations and protects the brand's image and quality standards. Failure to comply with these requirements could result in penalties or even termination of the franchise agreement.