Does Ben Jerrys have an obligation to make available to prospective suppliers, standards and specifications that they deem confidential?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
Our specifications for Non-Proprietary Products, equipment, supplies, services, and supplier approval are provided to you upon request; however, we have no obligation to make available to prospective suppliers, standards and specifications that we deem confidential. When approving suppliers, we consider ability to meet our then-current standards and specifications, quality controls and capacity to supply franchisees' needs promptly and reliably, and the possibilities for the System to take advantage of marketplace efficiencies. When approving Non-Proprietary Products, equipment, supplies, services, and other items we consider their conformity with our specifications, compatibility with our Ben & Jerry's Products, consistency with the desired image of our System, and availability to the System. We retain the sole control over the Products authorized for sale in our System and may deny our approval of a Product, equipment, supplies, services, or other item for any reason.
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, while the brand provides specifications for Non-Proprietary Products, equipment, supplies, and services to franchisees upon request, it has no obligation to disclose confidential standards and specifications to prospective suppliers. This means that if a potential supplier wants to become an approved vendor for Ben Jerrys, the company is not required to share any information it considers proprietary or confidential.
This policy protects Ben Jerrys's competitive advantage and proprietary information. However, it could also limit the number of potential suppliers willing to go through the approval process without knowing the exact standards they need to meet. For a franchisee, this means they may have fewer options for sourcing certain products and services, as Ben Jerrys controls the approval process and isn't obligated to share sensitive details with potential vendors.
If a franchisee wishes to use unapproved products or services, they must submit a written request to Ben Jerrys, along with samples or evidence of conformity with the brand'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 its decision 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 it for system-wide use.
This process highlights the importance of understanding Ben Jerrys's supplier approval process and the potential limitations on sourcing products and services from unapproved vendors. Prospective franchisees should discuss these restrictions with Ben Jerrys to fully understand their obligations and options.