Ben & Jerry's Supports International Dairy Foods Association's Lawsuit over rBGH...

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

New Ohio Rule Violates Constitutional Rights and Creates
Unnecessary Restrictions
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.

Ben & Jerry's
Rob Michalak, 802-846-1500 x7702

Copyright Business Wire 2008