OCA sued Ben & Jerry’s in July 2018 for the “deceptive labeling, marketing, and sale of its ice cream,” the release says. OCA alleges that the ingredients in the ice cream are sourced from typical factory farms, contrary to representations of humane sourcing, and that some of the products contain traces of glyphosate, contrary to representations of environmental responsibility.
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In January 2019, the D.C. Superior Court rejected Ben & Jerry’s motion to dismiss OCA’s lawsuit. In October 2019, a class action lawsuit alleging similar claims was filed in the U.S. District Court in Vermont. In a motion to dismiss that suit, Ben & Jerry’s revealed that it is removing the “happy cows” statement from its packaging, according to the release.OCA International Director Ronnie Cummins said in the release: “The removal of misleading ‘happy cow’ claims is a victory for consumers and an indication that Ben & Jerry’s can’t back up those claims. But this is just one small step toward more honest representation of the Ben & Jerry’s brand. OCA will continue, through our own ongoing litigation against Ben & Jerry’s and its parent company, Unilever, to push for Ben & Jerry’s either to live up to its remaining marketing claims, or to remove all claims that have no basis in fact.”
