What items are Ben Jerrys franchisees prohibited from purchasing, offering, selling, installing, or using without prior approval?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
ourcing 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. We may be an approved supplier of some of such items. We may disapprove of Products and suppliers based on our desire to consolidate System purchases through fewer suppliers.
We may designate a single supplier, which may be us or one of our affiliates, for any products, equipment, supplies, or services, in which event you must purchase such items exclusively from the designated supplier. We and/or our affiliates may receive payments or other compensation from suppliers on account of the suppliers' dealings with us, you, or other Ben & Jerry's Shops in the System. We may use any amounts that we receive from suppliers for any purpose that we deem appropriate. We and/or our affiliates may negotiate supply contracts with our suppliers under which we are able to purchase products (including Products), equipment, supplies, and services at a price lower than that at which our franchisees are able to purchase the same items.
Product and Supplier Approvals and Specifications
If you want to purchase unapproved products, or equipment, supplies, services, or Non-Proprietary Products (the "Non-Proprietary Item(s)") from other than approved suppliers, you must submit a request to us in writing, together with the samples or other evidence of conformity with our specifications as we reasonably require. We will have the right to require that our representatives be permitted to inspect the supplier's facilities, and that samples from the supplier be evaluated and tested by us or an independent testing facility designated by us. You must pay a charge not to exceed the reasonable cost of the evaluation and testing.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 37–41)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees are restricted from purchasing, offering, selling, installing, or using certain items without prior approval from Ben Jerrys. Specifically, franchisees cannot purchase, offer, or sell any products, or purchase, install, or use on the premises of their shop any fixtures, furnishings, equipment, décor, supplies, computer system hardware, point-of-sale system hardware, software, signs, and materials that Ben Jerrys has not previously approved as meeting their standards and specifications. This requirement ensures that all aspects of the Ben Jerrys shop, from the physical setup to the products sold, align with the brand's standards.
Ben Jerrys may designate single suppliers, including themselves or affiliates, for any products, equipment, supplies, or services, requiring franchisees to purchase exclusively from these designated suppliers. This allows Ben Jerrys to consolidate system purchases and potentially negotiate better deals. Ben Jerrys also retains sole control over the products authorized for sale within the system and may deny approval of a product, equipment, supplies, services, or other item for any reason.
If a franchisee wishes to purchase unapproved items, they must submit a written request to Ben Jerrys along with samples or evidence of conformity to Ben Jerrys's specifications. Ben Jerrys has the right to inspect the supplier's facilities and evaluate samples, with the franchisee bearing the costs of evaluation and testing. Ben Jerrys will then notify the franchisee of their approval or disapproval within 90 days. If approved, the franchisee can use the item for a 6-month test period, after which Ben Jerrys will decide whether to approve the item for system-wide use. This process ensures that any deviations from approved products and suppliers meet Ben Jerrys's standards before being implemented.
Ben Jerrys estimates that approximately 75% of a franchisee's total purchases and leases during the establishment phase and about 80% during ongoing operations must be obtained from approved suppliers or according to Ben Jerrys's specifications. This highlights the significant control Ben Jerrys maintains over the supply chain and the importance of adhering to their approved sources. Franchisees should be aware of these restrictions and the approval process for non-approved items to ensure compliance and maintain the brand's consistency.