Ben & Jerry’s Supports International Dairy Foods Association’s Lawsuit over rBGH Labeling Regulation in Ohio

SOUTH BURLINGTON, Vt.--(BUSINESS WIRE)--Ben & Jerry’s is supporting the International Dairy Foods Association (IDFA) lawsuit over a new Ohio rBGH labeling rule that violates Constitutional protections and creates unduly burdensome labeling controls.

The new labeling regulation in Ohio puts strict controls on rBGH labeling language; its positioning on the package; the font style, size, case and color. Ben & Jerry’s shares IDFA’s view that the Ohio rule goes well beyond the guidance offered by the Food and Drug Administration (FDA) and is significantly different than most other states. As a result, dairy companies will have to create special labels just for Ohio or do away with labeling that provides information that consumers want about the use of artificial growth hormones. The net effect, IDFA says, is the Ohio law for many of its members is unworkable, costly and impedes commercial free speech and interstate commerce. The new regulation went into effect on May 22, 2008. Companies must comply with the new rule within 120 days of the start date. The legal action by IDFA asks for an immediate injunction.

In the lawsuit, IDFA says the Ohio rule interferes with the First Amendment right of IDFA members to communicate truthful information to Ohioans and that it interferes with interstate commerce. Ben & Jerry’s filed a supportive Declaration of Fact in the lawsuit as an independent party, supporting IDFA’s arguments within the lawsuit. Ben & Jerry’s is not a member of IDFA.

Ben & Jerry’s packaged products have carried the same, truthful rBGH message since 1997 that follows US Food and Drug Administration (FDA) guidelines. It reads:

“We oppose Recombinant Bovine Growth Hormone. The family farmers who supply our milk and cream pledge not to treat their cows with rBGH. The FDA has said no significant difference has been shown & no test can now distinguish between milk from rBGH treated & untreated cows. Not all the suppliers of our other ingredients can promise that the milk they use comes from untreated cows.”

“Ohio’s new rule doesn’t do a thing for consumers to improve upon guidelines that the FDA has had in place since 1994. Ohio is trying to fix something that is not broken. In fact, this new rule is essentially breaking something that has been working successfully for consumers for well over a decade.” said Ben & Jerry’s Social Mission Director, Rob Michalak.

Michalak said the cost to change Ben & Jerry’s packaging, specifically for Ohio, would easily reach six figures. He added that the operational complexity to segregate Ohio-specific packaging in a national distribution system is prohibitive.

Ben & Jerry’s packaging has carried the same, truthful rBGH message since 1997, which complies with FDA guidelines. Ohio’s new rule does nothing to improve upon that for consumers. In addition, Ohio’s new rule would require Ben & Jerry’s to overhaul its entire distribution system to ensure Ohio received products with special labels, creating significant new and ongoing costs and putting the company at a competitive disadvantage to those who only distribute in Ohio.

About Ben & Jerry’s

Ben & Jerry’s produces a wide variety of super-premium ice cream, sorbet, frozen yogurt and ice cream novelties, using dairy products from family farms and other high-quality ingredients. The company is committed to using milk and cream from cows that have not been treated with the synthetic hormone rBGH, and states its position on rBGH on its labels. Ben and Jerry’s products are distributed nationwide and in selected foreign countries in supermarkets, grocery stores, convenience stores, franchise Ben & Jerry’s Scoop Shops, restaurants and other venues.

Ben & Jerry’s, a Vermont corporation and wholly-owned subsidiary of Unilever, operates its business on a three-part mission statement emphasizing product quality, economic reward and a commitment to the community. Ben & Jerry’s contributes a minimum of $1.1 million annually through corporate philanthropy that is primarily employee led. Contributions made via the Ben & Jerry’s Foundation in 2007 totaled about $1.7 million. Additionally, the company makes significant product donations to community groups and nonprofits both in Vermont, across the nation and internationally. The purpose of Ben & Jerry’s philanthropy is to support the founding values of the company: economic and social justice, environmental restoration and peace through understanding, and to support our Vermont communities.