Does Ben Jerrys require franchisees to use only approved marketing materials?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
You (directly or through a Cooperative) may not use any marketing or promotional plans or materials until the materials have been submitted for our prior approval. If you do not receive written notice of disapproval from us within 10 business days of the date of receipt by us of the samples or materials, we will be deemed to have approved them for your use (see Item 8 above). (Franchise Agreement § 12.7).
Marketing Fund
We have the right to maintain and administer one or more marketing funds to promote our brand, the Ben & Jerry's Shops (including our existing Ben & Jerry's Shops), the Proprietary Marks, and the Products. Currently, we maintain and administer a fund for franchisee promotions for Shops, and to market the Ben & Jerry's brand (together the "Fund"). Contributions will be made to the Fund by Shops. We will administer the Fund as follows:
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- We will direct all marketing programs, with sole discretion over the concepts, materials, and media used in the programs and their placement. The Fund is intended to maximize general public recognition, acceptance, and use of the System; and we are not obligated, in administering the Fund, to make expenditures for you that are equivalent or proportionate to your contribution, or to ensure that any particular franchisee benefits directly or pro rata from expenditures by the Fund. We may use the Fund for national marketing programs and we are not obligated to spend any amount on advertising in the area where you are located. (Franchise Agreement § 12.2.1)
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- We will use the Fund, all contributions to it, and any earnings on it, exclusively for 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 our Mission, which may include 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; special events; marketing surveys and other public relations activities; employing advertising and/or public relations agencies to assist with them; purchasing promotional items; conducting and administering in-store promotions and customer sampling promotions; and providing promotional and other marketing materials and services to the Shops operating under the System. (Franchise Agreement § 12.2.2))
Source: Item 11 — FRANCHISOR'S ASSISTANCE, ADVERTISING, COMPUTER SYSTEMS, AND TRAINING (FDD pages 43–60)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, franchisees must submit all marketing and promotional materials for approval before use. Ben Jerrys must provide written notice of disapproval within 10 business days of receipt; otherwise, the materials are considered approved. This requirement ensures that all marketing efforts align with the brand's standards and image.
This stipulation means that franchisees cannot independently create and use marketing materials without prior authorization from Ben Jerrys. This process allows Ben Jerrys to maintain consistency in branding and messaging across all franchise locations. Franchisees need to factor in this approval timeline when planning marketing campaigns to avoid delays.
Ben Jerrys also maintains a marketing fund to promote the brand, Ben & Jerry's Shops, Proprietary Marks, and Products. Ben Jerrys has sole discretion over the marketing programs, materials, and media used, aiming to maximize public recognition and acceptance of the Ben Jerrys system. Franchisees' contributions to the fund do not guarantee equivalent or proportionate expenditures in their specific area. This fund is used for various marketing activities, including media campaigns, direct mail advertising, special events, and providing promotional materials to the Shops.