What must a Ben Jerrys franchisee do if Ben Jerrys disapproves of a Product in writing?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
BEN & JERRY'S may from time to time revoke its approval for OPERATOR to offer and sell from the Test Shop particular Products if BEN & JERRY'S determines, in its sole discretion, that such Products no longer meet the standards of BEN & JERRY'S or are appropriate for sale from the Test Shop.
Upon receipt of written notice of such revocation, OPERATOR shall cease to sell any disapproved Product at or from the Test Shop.
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, if Ben & Jerry's revokes approval for a product in writing, the franchisee operating a Test Shop must cease selling the disapproved product at or from the Test Shop. This requirement ensures that all products sold under the Ben & Jerry's brand meet the franchisor's standards and are appropriate for sale within the Ben & Jerry's system.
This stipulation is important for maintaining brand consistency and quality control. Ben & Jerry's retains the right to determine which products meet their standards and can revoke approval if a product no longer aligns with those standards. The franchisee is obligated to comply with this decision to ensure uniformity across all Ben & Jerry's locations.
This clause applies specifically to the operation of a Test Shop, highlighting the franchisor's control over product offerings and quality within that setting. The franchisee's failure to comply with the directive to cease selling a disapproved product can be grounds for immediate termination, underscoring the seriousness of adhering to Ben & Jerry's product standards.