The independent board of Ben & Jerry’s has accused parent company Unilever Plc of breaching its agreement to allow the ice cream brand autonomy in its social mission. The board claims Unilever blocked its attempts to publicly advocate for a cease-fire in Gaza, a move it says contravenes the 2000 merger agreement.
In legal documents filed Wednesday in the US District Court for the Southern District of New York, Ben & Jerry’s board alleges that Unilever has repeatedly prevented the brand from making public statements supporting peace in Gaza. The filings also claim that Unilever threatened to dismantle the board and pursue legal action against individual members if they issued statements on the conflict.
Unilever reportedly barred the brand’s social media team from posting content in support of Palestinians fleeing the violence, despite Ben & Jerry’s history of activism on refugee issues. According to the filings, Peter ter Kulve, head of Unilever’s ice cream division, justified the restrictions by citing concerns about potential accusations of antisemitism.
In response, a Unilever spokesperson stated, “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.”
This lawsuit marks the latest chapter in a long-standing dispute between the two entities. Tensions date back to 2021, when Ben & Jerry’s announced it would cease selling its products in Jewish settlements in the West Bank, a decision that sparked political backlash and financial concerns for Unilever. The controversy led Unilever to sell its Israeli ice cream unit to a local producer.
The current case also highlights alleged inconsistencies in Unilever’s stance on social issues. The lawsuit accuses the company of blocking Ben & Jerry’s donations to organizations like Jewish Voice for Peace and the Council on American-Islamic Relations, while simultaneously allowing donations to Israeli organizations. Furthermore, the board claims Unilever has not maintained neutrality on other geopolitical issues, such as Russia’s invasion of Ukraine.
The legal filings reveal a highly redacted settlement from late 2022, in which Unilever agreed to pay $5 million for humanitarian and human rights causes selected by Ben & Jerry’s board chair, Anuradha Mittal. However, the board alleges that Unilever later blocked the intended donations.
This legal battle comes as Unilever prepares to spin off or sell its ice cream division, including Ben & Jerry’s. The public nature of the conflict may deter potential buyers, adding another layer of complexity to Unilever’s divestment plans.
Unilever CEO Hein Schumacher previously told Bloomberg Television that the company refrains from taking stances on complex conflicts like the war in Gaza but acknowledged Ben & Jerry’s independent social mission board, stating, “sometimes they give their views.”
The case, titled Ben & Jerry’s Homemade Inc. v. Conopco, Inc., will be heard in Manhattan’s US District Court.
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