Ben & Jerry’s has filed a lawsuit accusing its parent company, London-based Unilever, of trying to prevent the iconic Vermont ice cream maker from issuing pro-Palestinian public statements, including calling for a ceasefire in Gaza.
The lawsuit, filed Wednesday in U.S. District Court in the Southern District of New York, alleged that Unilever’s actions breached a 2022 settlement agreement between the parties. It also claims that Unilever threatened to dismantle Ben & Jerry’s independent board, which retains control of the company’s public messaging.
That agreement, according to the lawsuit, said that the multinational conglomerate must “[r]espect and acknowledge the Ben & Jerry’s Independent Board’s primary responsibility over Ben & Jerry’s Social Mission and Essential Brand Integrity” and “work in good faith with the Independent Board to ensure that both are protected and furthered.”
The lawsuit cited several examples of Unilever’s alleged breach of that agreement.
“Specifically,” the filing stated, “during the ongoing humanitarian crisis in Gaza,” which it noted has killed many thousands of Palestinian children, “Ben & Jerry’s has on four occasions attempted to publicly speak out in support of peace and human rights.”
However, the lawsuit claims that, despite the contractual agreement, “Unilever has silnced each of these efforts.”
Unilever and Ben & Jerry’s have engaged in other public disputes since the sale of the ice cream maker to the parent company in 2000.
Past disputes have centered on a provision in the sale agreement establishing the independent board, thus permitting the ice cream maker to continue to publicly take progressive social and political positions.
In a 2021 clash, Ben & Jerry’s objected to Unilever selling its ice cream in the West Bank, prompting Unilever to sell its business in the West Bank and Israel to another company.
Unilever, in an emailed statement Thursday in response to the latest lawsuit, wrote, “Our heart goes out to all victims of the tragic events in the Middle East. We reject the claims made by B&J’s social mission board, and we will defend our case very strongly.”
The company added in the statement, “We would not comment further on this legal matter.”
In the lawsuit, attorneys for Ben & Jerry’s wrote that “as college campuses around the country were protesting the civilian deaths and humanitarian catastrophe in Gaza, Ben & Jerry’s management and the Independent Board aligned on issuing a public statement supporting the protesters’ First Amendment rights.”
But, according to the lawsuit, when Ben & Jerry’ management informed Unilever that it would be publishing the statement supporting the protesters’ rights, the “Global Head of Litigation” for Unilever “barred” its release.
Also, according to the lawsuit, in December 2023, “the Independent Board alongside Ben & Jerry’s management informed Unilever that Ben & Jerry’s would be issuing the following statement: ‘Ben & Jerry’s calls for peace and a permanent and immediate ceasefire.’”
In response, the ice cream maker alleged in the lawsuit, “Unilever threatened to dismantle the Independent Board and sue the board members individually if Ben & Jerry’s — with its decades-long motto of ‘peace, love, & ice cream’ — issued the statement supporting ‘peace’ and a ‘ceasefire.’”
Unilever announced in March that it would spin off all of its ice cream brands, including Ben & Jerry’s, by the end of 2025.
Read the story on VTDigger here: Ben & Jerry’s files lawsuit alleging parent company tried to block statements on Gaza.