New York: Ben & Jerry’s filed a lawsuit against its parent company, Unilever, on Wednesday, accusing the consumer goods giant of silencing its attempts to express support for Palestinian refugees. The ice cream company claimed that Unilever threatened to dismantle its independent board and pursue legal action against its members over the matter.
This lawsuit is the latest chapter in an ongoing dispute between the two companies that began in 2021. That year, Ben & Jerry’s announced it would stop selling its products in Israel’s occupied West Bank due to the region’s political situation, citing a conflict with the company’s values. The decision sparked a backlash, leading some investors to divest their shares in Unilever.
The tensions escalated when Ben & Jerry’s sued Unilever for selling its Israeli business to a local licensee, allowing marketing and sales in both Israel and the West Bank to continue. This lawsuit was settled in 2022, but the new filing claims that Unilever has breached the terms of that settlement, which had been kept confidential. As part of the agreement, Unilever was supposed to respect the “primary responsibility” of Ben & Jerry’s independent board over the company’s social mission.
According to the lawsuit, Ben & Jerry’s attempted on four occasions to publicly advocate for human rights and peace, including calls for a ceasefire, support for the safe passage of Palestinian refugees to the UK, backing student protests in the U.S. over civilian deaths in Gaza, and urging a halt to U.S. military aid to Israel. However, Ben & Jerry’s asserts that Unilever blocked these efforts, silencing the brand’s attempts to speak out on these issues.
Although the independent board of Ben & Jerry’s addressed some of these topics separately, the company claims that it was still muzzled in its efforts to speak out. The lawsuit also highlights an incident in which Peter ter Kulve, Unilever’s head of ice cream, expressed concerns over the potential “perception of anti-Semitism” if Ben & Jerry’s continued to take a stance on the plight of Gazan refugees.
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In addition, the lawsuit mentions that Unilever objected to the organizations chosen by Ben & Jerry’s for its $5 million donation fund, which was part of the 2022 settlement. Ben & Jerry’s selected Jewish Voice for Peace and the San Francisco Bay Area chapter of the Council on American-Islamic Relations (CAIR) for funding, but Unilever rejected Jewish Voice for Peace, arguing that the group was “too critical of the Israeli government.”
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Ben & Jerry’s, known for its socially conscious approach since its founding in 1978, has continued to prioritize its values, even after Unilever acquired it in 2000. In March 2023, Unilever announced plans to spin off its ice cream business, including Ben & Jerry’s, by the end of 2025 to streamline its operations.
