LCI leader not as happy as the Cows

[popster]

‘Happy cows’ lawsuit against Ben & Jerry’s is dismissed
Ethan Bakuli

Burlington Free Press USA TODAY NETWORK

A federal complaint against Ben & Jerry’s, which accused the ice cream manufacturer of misleading customers about the farming practices behind its products, was dismissed.

U.S. District Court Judge Christina Reiss on Thursday dismissed a lawsuit alleging that Ben & Jerry’s parent company, Unilever, violated consumer trust by stating that their ice cream is sourced from “happy cows” on Vermont dairy farms that participate in its humane “Caring Dairy” program.

The lawsuit was filed on Oct. 29 by environmental advocate and Winooski resident James Ehlers.

Ehlers’ claims could not be plausibly pleaded, the judge ruled, because his argument relied on his own interpretations of the company’s language.

“Because neither Ben & Jerry’s products nor its website represents that its ingredients are ‘sourced exclusively’ from Caring Dairy farms, Plaintiff’s entire claim is grounded on a single phrase in a single heading on a multipage website which is neither false nor misleading when considered as a whole,” the judge wrote.

The order further dismissed Ehlers’ claims for monetary damages for himself and customers who purchased Ben & Jerry’s ice cream.

“Ben & Jerry’s stands behind its products and mission,” said Laura Peterson, Public Elations manager for Ben & Jerry’s North America division, when asked for comment on the decision.

“We believe the court reached the right decision in dismissing these meritless claims.”

Ehlers could not be immediately reached for comment.

Following the judge’s order, Ehlers has twenty days to amend his complaint.

Contact Ethan Bakuli at (802) 556-1804 or ebakuli@freepressmedia.com.

[Gecha (Gerry)]

Great.... I'm having ice cream today.

[digitroll (ron)]

I will bet ice cream sales have been up with the stay home order. LOL Haven't checked the stock price.

[troutcrazy]

I think it's strange how many comments I've seen in fishing groups putting down Ehlers, and making fun of this lawsuit. I guess it seems a little funny on the surface. But seriously, how can we expect to make any progress cleaning up the lake when the price of milk is so low? Farmers have to maintain giant herds just to survive, with no money left over to clean up after themselves.

On one hand you have people getting defensive and saying "don't blame the farmers" when you talk about the very real data about nutrient loading in Champlain.

On the other hand you have people criticizing Ehlers' work to pressure major milk-buyers to step up and take responsibility for the environmental impact of their low prices. Ben and Jerry's and Unilever are making billions. The dairy farmers are making pennies, and we get algae blooms in Champlain.

The picture on a Ben And Jerry's pint should be a manure ditch flowing into an algae bloom. We have to pressure them to take responsibility.

It's so bizarre that some fishermen have been so carried away by political ideology that they try to make a villain of the guy who makes it his life work to improve the water quality on Champlain. Clean up Champlain. That's the guy's only mission. Why would any fisherman push back against it?

[Reelax]

When specific folks make a living from everyone’s resource... it gets attention.... it always will... the public owns the resource not a derby....... IMHO.

[troutcrazy]

I'm not sure I understand. Am I missing something?
I think a lot of people make their living from Champlain. Charter captains, tackle stores, marinas, boat mechanics, hospitality...

My understanding is that LCI is an advocacy organization whose mission is to improve the water quality in Lake Champlain. They run a derby to fund the organization. The organization has employees and expenses. They get paid for their work. Ehlers' full time job is advocating for water quality, actively improving the resource.

Am I mistaken? I admit I could be wrong because I don't really know the guy. Does he drive around in a Ferrari, and snort coke in a private jet, or something?

Making a living is a different thing than making a profit. Unilever (Ben and Jerrys' owner) makes a profit and people get rich in another country. They're actively degrading the resource.