What was the total amount sought by the class in the Ben-Ami case against Ben Jerrys, in US dollars?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
e**"); and Rebecca Spiegelman v. Ben & Jerry's Homemade, Inc., Class Action No. 46391-07-21 (the "Spiegelman Case")).
The named plaintiffs in the Ben-Ami Case and the Spiegelman Case asserted that Ben & Jerry's Homemade, Inc.'s ("Homemade's") July 19, 2021 announcement that it would cease to sell products in the disputed territories was a violation of Section 3(a1) of the "Prohibition of Discrimination in Products, Services, and Entry to Public Places Law, 2000" In the Ben-Ami Case, the named plaintiff sought an order requiring Homemade to withdraw its announcement, and made a personal claim of NIS 100 (approximately USD$30), and the class's total claim was NIS 14,000,000 (approximately USD$4,307,690). In the Spiegelman Case, the named plaintiffs sought an injunction that would restrain Ben & Jerry's Homemade, Inc. ("Homemade") from discriminating against the residents of the disputed territories and would force Homemade to market its products in an equal manner in Israel. The amount sought in the Spiegelman Case was a personal claim of NIS 100 (approximately USD$30) and the class's total claim is NIS 30,000,000 (approximately USD$9,230,770).
On December 16, 2021, the Ben-Ami and Spiegelman plaintiffs (referred to hereafter as the "Applicants") moved together to submit a unified motion to certify a class action under the Israeli Class Action Law. At the same time, the Applicants moved to amend their motion to certify a class action in order to add a claim under Israel's "Anti-Boycott Law". On December 29, 2021,
Homemade objected to the motions to unify and amend, arguing that (a) it would overburden Homemade to defend against two separate Applicants; and (b) because no "dealer-customer" relationship or consumer relationship exists between Homemade and the Applicants, a claim under the Anti-Boycott Law could not be adjudicated in the framework of the Israeli Class Actions Law.
On January 16, 2022, the Applicants responded, making arguments that a) striking down one motion would be detrimental to the other represented class; (b) amendments of motions to certify class actions an early stage should be adjudicated with a liberal approach; and (c) a claim under the Anti-Boycott law should have been raised in Homemade's response to the motion to certify the class action.
In June 2022, the parties in the Avi Avraham Zinger and American Quality Products Ltd. v. Ben & Jerry's Homemade, Inc., Unilever United States, Inc. and Conopco, Inc., case, described below, reached an agreement with regard to the distribution of Ben & Jerry's products in Israel and the disputed territories, thereby nullifying the Applicants' claims. In November 2022, the Applicants petitioned the court to withdraw their motion for approval of class certification and to order the dismissal of the individual claims of the Applicants pursuant to an agreement reached by the parties, and in December 2022, the Ben Ami Case and the Spiegelman Case were settled for a combined nominal amount of $25,000, to be split equally, and were subsequently dismissed.
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Avi Avraham Zinger and American Quality Products Ltd. v. Ben & Jerry's Homemade, Inc., Unilever United States, Inc.
Source: Item 3 — LITIGATION (FDD pages 18–20)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, the Ben-Ami case was filed on July 21, 2021. The named plaintiff in the Ben-Ami Case sought an order requiring Ben Jerrys to withdraw its announcement that it would cease to sell products in the disputed territories. The plaintiff also made a personal claim of NIS 100, which is approximately USD $30. The total claim for the class in the Ben-Ami case was NIS 14,000,000, which is approximately USD $4,307,690.
The Ben-Ami case, along with the Spiegelman case, were eventually settled in December 2022 for a combined nominal amount of $25,000, which was split equally between the two cases. Subsequently, both cases were dismissed. This indicates that while the initial claim was substantial, the final settlement amount was significantly lower.
For a prospective Ben Jerrys franchisee, this information highlights the importance of understanding potential legal challenges and their possible financial implications. While the initial claim in the Ben-Ami case was significant, the ultimate settlement amount was much smaller. This underscores the unpredictable nature of litigation and the importance of assessing potential risks and costs associated with legal disputes involving the Ben Jerrys brand.