Does the requirement that goods comply with specifications prescribed by Crave Cookies constitute designation of a source in Indiana?
Crave_Cookies Franchise · 2025 FDDAnswer from 2025 FDD Document
However, the publication by the franchisor of a list of approved suppliers of goods, supplies, inventories, or services or the requirement that such goods, supplies, inventories, or services comply with specifications and standards prescribed by the franchisor does not constitute designation of a source nor does a reasonable right of the franchisor to disapprove a supplier constitute a designation.
This subdivision does not apply to the principal goods, supplies, inventories, or services manufactured or trademarked by the franchisor.
Source: Item 23 — RECEIPTS (FDD pages 47–194)
What This Means (2025 FDD)
According to Crave Cookies' 2025 Franchise Disclosure Document, the requirement that goods, supplies, inventories, or services comply with specifications and standards prescribed by Crave Cookies does not constitute designation of a source in Indiana. This is relevant to franchisees in Indiana because the Indiana Franchise Act and the Indiana Deceptive Franchise Practices Act (collectively, the "Indiana Acts") regulate certain aspects of the franchise relationship to protect franchisees.
Specifically, the Indiana Acts address situations where a franchisor requires franchisees to purchase goods exclusively from the franchisor or designated sources. However, Crave Cookies' FDD clarifies that simply publishing a list of approved suppliers or requiring compliance with certain specifications does not equate to designating a source under the Indiana Acts. This distinction is important because it allows Crave Cookies to maintain quality standards and brand consistency without unduly restricting a franchisee's ability to source goods from various suppliers.
This provision does not apply to the principal goods, supplies, inventories, or services manufactured or trademarked by Crave Cookies. This means that if Crave Cookies manufactures or trademarks certain products, franchisees may be required to purchase those items directly from Crave Cookies, regardless of availability elsewhere. This exception is common in franchising, as it allows franchisors to protect their proprietary products and ensure consistent quality across all franchise locations.