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4. IMPACT ON SOME VERMONT ICONS
Harrington's Of Vermont Harrington's of Vermont has been
in Vermont for 130 years and employs 40 people year-round and an extra
200 in the fall. It will have no trouble continuing to use its name as
it is clearly based in Vermont. But what about its "Vermont
smoked ham"? The hams are purchased from out of state--Harrington's
processed 70,000 hams last year and can't get anywhere near that number
in Vermont--and smoked in Vermont. Arguably, "Vermont smoked ham" is a
qualified representation and no further disclosure needs to be made. If
it's considered an unqualified representation, the source of the hams
would have to be disclsoed. Ben
& Jerry's Since its inception in a gas station in Burlington in 1978, Ben & Jerry's has referred to its ice cream as "Vermont's finest." Ben & Jerry's has for some time been buying milk from outside Vermont. Does the company have to drop its well-known trademark (if it hasn't already)? They're probably safe, given that the rule does not apply to slogans (and perhaps it's puffing, anyway!). Bove's of Vermont On the label of its pasta sauces, the company identifies its sauce as "Bove's of Vermont" pasta sauce. However, the sauce is a not a "Vermont product" because the tomatoes are grown outside Vermont and are processed outside Vermont as well. What does the company have to do to comply with the rule? Again, we probably have an unqualified representation, which means that Bove's would have to disclose both the source of the tomatoes and its out-of-state processing.
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If
adopted, the regulation may have an impact on some of Vermont's
best-known businesses.
| Question
for Discussion:
A. Ben & Jerry’s, “Vermont’s Finest” ice cream 1. Let's assume that the regulation did apply to Ben & Jerry's. Do consumers really care that a relatively small amount of milk comes from outside Vermont, given the company's historic connection to Vermont? B. “Vermont Maid” syrup (you know, the “syrup” that has very little, if any, maple syrup in it, is mostly made up of chemicals, and is distributed by a company in New Jersey!) 1. Is the product covered by the rule? Which section applies? 2. Does it matter that the product's name is Vermont "Maid" rather than Vermont "Made"? 2. If you were advising the company on how to comply with the rule, what would you suggest? |
| Assignment:
Find a food product that uses the Vermont name in some way. Based on your understanding of the rule, analyze the nature of the claim, indicate what needs to be shown to support the claim, and then tell me whether you think the claim is deceptive as it currently reads. |