Ben & Jerry’s has sued its parent company Unilever, accusing the fmcg behemoth of seeking to “silence” its attempts to speak out on human rights issues in Palestine.
The legal complaint, filed in Manhattan federal court this week (13 November), alleges that Unilever breached its agreement for the brand to pursue its own “social mission” by preventing it from voicing support for Palestinian refugees or calling for a ceasefire.
“For four decades, Ben & Jerry’s has remained steadfast in our commitment to social justice,” said Anuradha Mittal, chair of Ben & Jerry’s independent board.
“Unilever’s intimidation will not waver the company’s commitment.”
The lawsuit is the latest development in a long-standing dispute between Ben & Jerry’s and Unilever.
It began in 2021, when Ben & Jerry’s opted to stop selling its ice cream in the occupied West Bank. Some Unilever shareholders sold off their bonds in protest, while investors pursued legal action.
Unilever sought to sell the Israeli arm of the Ben & Jerry’s brand to a local licensee in 2022. However, Ben & Jerry’s sued its owner after claiming this had been done without its consent. Unilever and Ben & Jerry’s settled the suit in late 2022.
Ceasefire statements
When Mittal called for a permanent ceasefire in Gaza earlier this year, the Ben & Jerry’s brand remained silent.
According to the lawsuit, Ben & Jerry’s management and the board had informed Unilever of their plans to issue a statement calling for “peace” and a “ceasefire” in December 2023.
However, senior executives at Unilever Peter ter Kulve and Jeff Eglash attempted to “intimidate Ben & Jerry’s personnel with professional reprisals”, it alleged.
Unilever also allegedly blocked statements from Ben & Jerry’s supporting the right of campus protesters to speak out about the war in Gaza, calling for arms sales to Israel to be halted and advocating for the safe passage of refugees.
Ben & Jerry’s alleged that Unilever had breached the terms of its 2022 settlement by blocking them from donating to non-governmental organisation Jewish Voice for Peace on the basis that it had been too critical of Israel.
Unilever had promised to make $5m in payments for Ben & Jerry’s to human rights organisations of its choosing.
“Despite its contractual commitment to ‘[r]espect and acknowledge’ the independent board’s primary responsibility over Ben & Jerry’s social mission and essential brand integrity, Unilever has silenced each of these efforts,” the filing stated.
A Unilever spokeswoman said: “Our heart goes out to all victims of the tragic events in the Middle East.”
“We reject the claims made by Ben & Jerry’s social mission board, and we will defend our case very strongly. We would not comment further on this legal matter.”
It comes after Unilever in March announced plans to split off its ice cream business by the end of 2025.
No comments yet