How long does Ben Jerrys have to notify a franchisee of the approval or disapproval of a proposed supplier or item?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
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. We must, within 90 days after we receive your completed written request and completion of evaluation and testing of the proposed supplier and/or any such product or item, notify you in writing of our approval or
disapproval of the proposed supplier and/or the item. If approved, you will be allowed to use the Non-Proprietary Item(s) for a test period of 6 months after which Ben & Jerry's will evaluate whether to approve the Non-Proprietary Item(s) for system-wide use, or decline the Non-Proprietary Item(s) for system-wide use.
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, if a franchisee wants to purchase unapproved products, equipment, supplies, services, or Non-Proprietary Products from a supplier not already approved, they must submit a written request to Ben Jerrys. This request must include samples or evidence demonstrating that the proposed items meet Ben Jerrys's specifications.
Ben Jerrys has the right to inspect the supplier's facilities and evaluate samples, with the franchisee bearing the reasonable costs of these evaluations and tests. Following the receipt of the completed written request and the completion of the evaluation and testing, Ben Jerrys must notify the franchisee in writing of their approval or disapproval of the proposed supplier or item within 90 days.
If the proposed supplier or item is approved, the franchisee will be allowed to use the Non-Proprietary Item(s) for a test period of 6 months. After this test period, Ben Jerrys will evaluate whether to approve the Non-Proprietary Item(s) for system-wide use or decline them.