Ben & Jerry‘s has filed a lawsuit against Unilever, its parent company, alleging that the latter silenced the ice cream manufacturer for voicing sympathy for Palestinians in the battle in Gaza.
The complaint, which was submitted to a federal court in New York on Wednesday, claims that the multinational corporation has not fulfilled its contractual duties to Ben & Jerry’s by threatening to remove the company’s independent board, suing board members, intimidating staff, and preventing the business “from publicly voicing support for peace and refugee rights,” according to the lawsuit.
In a statement, London-based Unilever stated that it disagrees with the assertions made by the social purpose board of Ben & Jerry’s. It declared, “We will vigorously defend our position.”
Long a champion of progressive social causes, Unilever bought Ben & Jerry’s in 2000, but distanced itself from the ice cream company’s 2021 decision to stop selling its products in Israeli settlements in the occupied West Bank and disputed east Jerusalem.
The firms that sold Ben & Jerry’s agreed that the independent board of the ice cream company would be allowed to continue its social mission, which includes a history of supporting liberal causes including campaign finance reform, racial justice, climate action, and LGBTQ rights. However, Unilever would have the last say on operational and financial choices.
Then, in July 2022, Unilever declared that it was selling its stake in the Vermont ice cream company to its Israeli licensee, who would sell ice cream goods in the occupied West Bank and east Jerusalem under Hebrew and Arabic labels. Ben & Jerry’s attempted, but was unable, to stop the scheme in court.
Following months of talks, Unilever and Ben & Jerry’s reached a settlement agreement whereby Unilever agrees to “work in good faith with the Independent Board to ensure that both are protected and furthered” and respect the board’s authority over the ice cream maker’s social mission and brand integrity, according to the lawsuit.
According to the lawsuit, Unilever has silenced the ice cream company four times when it has tried to openly criticize the war in Gaza by calling for “peace and a permanent and immediate ceasefire,” support for American college students who are protesting the conflict, and a halt to U.S. military aid to Israel.
“Unilever has repeatedly failed to recognize and respect the Independent Board’s primary responsibility over Ben & Jerry’s Social Mission and Brand Integrity, including threatening Ben & Jerry’s personnel should the company speak regarding issues which Unilever prefers to censor,” the ice cream maker said in the lawsuit.
“The Independent Board initiates this litigation to protect Ben & Jerry’s three-part mission from Unilever’s unilateral erosion and to safeguard the company from Unilever’s repeated overreaches.”
In an effort to decrease expenses and increase profits, Unilever declared in March that it was laying off 7,500 employees and splitting off its ice cream division.
