Can the Ben Jerrys Fund be used for socially responsible activities?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 12.2.2 The Fund, all contributions thereto, and any earnings thereon, shall be used to meet any and all costs of maintaining, administering, directing, conducting, and preparing marketing, advertising, public relations, and/or promotional programs and materials, and any other activities including socially responsible activities consistent with BEN & JERRY's social mission, including, among other things, the costs of preparing and conducting media marketing campaigns (including Social Media) and developing, promoting and marketing the names of ice cream flavors to make political and other social statements; direct mail advertising; marketing surveys and other public relations activities; employing advertising and/or public relations agencies to assist therein; sponsorship of organizations and events, including athletic teams, fund raising activities, tournaments and other similar activities; purchasing promotional
items; conducting and administering in-store promotions; and providing promotional and other marketing materials and services to the Shops operating under the System;
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Ben & Jerry's marketing fund (the Fund) can be used for socially responsible activities. Specifically, the Fund can cover costs related to marketing, advertising, public relations, promotional programs, and other activities, including those consistent with Ben & Jerry's social mission. These activities may include developing ice cream flavors to make political and social statements, media campaigns, marketing surveys, sponsorships, and providing promotional materials to Ben Jerrys shops.
Ben Jerrys retains the right to direct all marketing programs and decide on the concepts, materials, and media used. The franchisee's contributions to the Fund are not held in trust, and Ben Jerrys does not have a fiduciary obligation to the franchisee regarding these contributions. Contributions are non-refundable and will be used as described in the franchise agreement.
Ben Jerrys also recognizes that it is a company devoted to social justice and engages in, supports, and promotes causes consistent with its social mission and core values, including human rights, social and economic justice, and environmental protection. Ben Jerrys has the absolute right to decide the causes, policies, and social activities it will engage in, support, and promote without prior consultation with or approval by the operators. Franchisees are expected to integrate a reasonable number of socially responsible activities into their business that align with Ben Jerrys' activities and programs.