Does the Ben Jerrys manual include an 'Approved Product Policy'?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
- 7.4.2 If [OPERATOR/the Catering Entity] desires to sell or scoop Products at an Off-Premises Activity [or through Mobile Vending] located outside the Territory of OPERATOR, [OPERATOR/the Catering Entity] must submit a written request to BEN & JERRY'S in accordance with the Manual or other writing, for the prior approval of BEN & JERRY'S.
The Authorized Warehouse shall be used specifically only for the following purposes: warehouse for Products and other products, storage of catering supplies, general storage space, office space, parking for carts and truck(s), and such other uses as BEN & JERRY'S may specify in the Manual, or otherwise approve in writing.
For purposes of this Agreement, "Confidential Information" means: (a) any and all information, knowledge, or know-how relating to BEN & JERRY'S and the System which may be communicated to PROSPECTIVE OPERATOR prior to, on, or after the date of this Agreement, whether communicated in writing, orally, electronically, by inspection, or by sample, exhibit, training, demonstration, or by other means; and (b) all manuals, information, and materials received by PROSPECTIVE OPERATOR from BEN & JERRY'S; provided, however, it shall not include information which PROSPECTIVE OPERATOR can demonstrate came to its attention prior to disclosure thereof by BEN & JERRY'S, or which at or after the time of disclosure by BEN &
JERRY'S to PROSPECTIVE OPERATOR, had become or later becomes part of the public domain through publication or communication by others..
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
Based on the 2025 Franchise Disclosure Document, the Ben Jerrys manual is referenced in the context of product sales and territory permissions. Specifically, if an operator wants to sell products outside of their designated territory, they must seek prior approval from Ben Jerrys, according to guidelines outlined in the manual or other written communication.
Additionally, the manual may specify uses for an authorized warehouse, as Ben Jerrys may specify uses in the Manual, or otherwise approve in writing. The manual is also a source of confidential information, as all manuals received by prospective operators from Ben & Jerry's are considered confidential.
While the FDD excerpts mention the Ben Jerrys manual and its role in operational procedures, it does not explicitly confirm or deny the existence of a specific 'Approved Product Policy' within the manual. A prospective franchisee should directly ask Ben Jerrys whether the manual contains a defined 'Approved Product Policy' and, if so, request details about its contents and implications.