New York Personal Injury Law Blog: Ben & Jerry's Fear of Lawyers Kills Video Submission

Eric Turkewitz, The Turkewitz Law Firm, New York, NY  

Wednesday, July 30, 2008

 

Ben & Jerry's Fear of Lawyers Kills Video Submission

After our spirits were crushed when our little Ben & Jerry's birthday video was banned, I decided to follow up with an email for the reason. So here is the reason they gave us:

They claim their lawyers wouldn't approve it. I kid you not. Here is the direct quote from the email I received from their marketing department:
While we appreciated it internally (and we did), there is no way our legal team would have allowed that one to go through.
Now that would be totally nuts. Except that Totally Nuts is already in the Graveyard of dearly departed flavors, so it must be something else.

I also note that it doesn't appear to violate any actual contest rule. (Ben-Jerrys-VideoRules.pdf) So I followed up, wanting to know, did the lawyers really look at our video?

And the answer was, apparently not. It wasn't a lawyer that sent us into the freezer, but concerns that a lawyer might do so in the future. From email number two:
It would have had to pass by Legal in order to be considered a top ten finalist. I've worked here for ten years and I know it would not have passed.
Again, no rule violation. Just a concern that maybe there would be a lawyer without a sense of humor, because in a third email I was told it might have "inappropriate content."

Now Ben Cohen and Jerry Greenfield sold out in 2000 to Unilever, a massive conglomerate. We don't begrudge them the money they made from building the company and pursuing the Americone Dream. But it appears that what's good for the goose doesn't work for the gander, as our own dreams of fame and glory have been obliterated before our eyes.

If we were shot down by lawyers we could understand that. Sometimes it's the lawyers' job to be wet blankets. But the marketing department? What in the name of Cherry Garcia is going on here?

Marketing people are supposed to be the kind of folk who push the limits. Creative souls. Not fearful little bunnies, afraid of their own shadows. Let the lawyers be Vanilla. The marketing people should be Wavy Gravy mixed with Wild Maine Blueberry, willing to go the Full VerMonty served with Nutty Waffle Cone.

It's now clear that this contest is little more than a travesty of a mockery of a sham of a mockery of a travesty of two mockeries of a sham. If you're as upset at our family is you can whine, belly-ache and complain to benjerrybirthday@ugenmedia.com.

And does anyone know a good ice cream lawyer?

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Comments:
Jerry Greenfield is no relation, except when it can get me a free cone.
 
Erik, that was hilarious. Good job! (Pun intended)
 
Eric--

Am I the only one who is astounded by the irony here?

You've been harmed (albeit slightly) due to an irrational fear of lawyers!

That same fear of the legal system is driving doctors to a ridiculous level of over-ordering and over-prescribing that is bankrupting our healthcare system. Research studies now show an increased cancer risk with cat-scans -- many of which were ordered purely for defensive medicine reasons. Many hospitals are finding it almost impossible to find emergency coverage for orthopedics and neurosurgery due to medicolegal risk.

I'm not trying to deny that malpractice occurs -- certainly it does. Through your blog and website we see how you try to help those who have been harmed. However for each one of those there are many thousands who are harmed little by little because of the fear instilled in doctors, the overwhelming majority of whom are conscientious and caring.

From one of those living this on the front lines: welcome to the tinyest taste of what this frustration feels like.
 
ER Doc:

Glad you appreciated the posts. If I were not an attorney, they wouldn't have been worth writing.
 
The marketing person who responded to you obviously didn’t realize you are a lawyer when she told you the reason your video entry was rejected was because it wouldn’t pass legal dept. muster!

The fact that B&J’s already has an ice cream flavor called “Karamel Sutra” is in itself sexually suggestive, yet legal approved THAT, so why would a video of people eating it in their kitchen, fully clothed, give rise to some legal claim?!?!
 
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