Ben & Jerry’s has sued its parent company Unilever, accusing it of blocking the ice cream brand from releasing statements supporting Palestinians in the Gaza war.
The complaint, filed Wednesday in a New York federal court, accuses the consumer goods conglomerate of violating its contractual obligations with Ben & Jerry’s by threatening legal action against board members, intimidate staff and censor the company “to prevent them from speaking publicly”. support for peace and refugee rights.
Unilever responded with a statement published by the Associated Press (AP), in which it rejected the claims.
“We will defend our cause very strongly,” the statement said.
Unilever’s relationship with Ben & Jerry’s
Unilever, which acquired Ben & Jerry’s in 2000, has long supported the brand’s progressive activism, but the company distanced itself from Ben & Jerry’s decision in 2021 to stop selling ice cream in Israeli settlements in Occupied West Bank and East Jerusalem.
Photo by Jeremy Moeller/Getty Images
As part of the 2000 acquisition agreement, Ben & Jerry’s retained an independent board of directors with the autonomy to advance its social mission, which includes advocating for racial justice, action climate change, LGBTQ+ rights and campaign finance reform. However, Unilever retained ultimate authority over the brand’s financial and operational decisions.
In July 2022, Unilever announced the sale of its stake in Ben & Jerry’s to its Israeli licensee, allowing the brand to be marketed with Hebrew and Arabic labels in East Jerusalem and the occupied West Bank. Ben & Jerry’s attempted to block this decision through legal action, but was ultimately unsuccessful.
After months of negotiations, Ben & Jerry’s and Unilever reached a settlement agreement stipulating that Unilever must maintain the board’s authority over the social mission and integrity of the brand. The agreement also requires Unilever to “work in good faith with the independent board of directors to ensure that both are protected and favored,” according to the lawsuit.
The trial
Ben & Jerry’s was silenced by Unilever in four separate efforts to publicly address the war in Gaza, including calls for “peace and a permanent and immediate ceasefire,” expressions of support for American students protesting against the conflict and a plea to end American military aid. in Israel, according to the lawsuit.
“Unilever has repeatedly failed to recognize and respect the independent board’s primary responsibility for the social mission and brand integrity of Ben & Jerry’s, including by threatening Ben & Jerry’s staff if the company was talking about issues that Unilever prefers to censor,” Ben & Jerry’s said in its lawsuit. . “The independent board is initiating this litigation to protect Ben & Jerry’s three-part mission from Unilever’s unilateral erosion and to protect the company from Unilever’s repeated excesses.”
This article includes reporting from the Associated Press.
