Ben & Jerry’s Legal Battle with Unilever Over Censorship and Gaza Advocacy
Ben & Jerry’s, the iconic socially conscious ice cream company, has escalated its long-standing tension with parent company Unilever, filing a lawsuit that alleges censorship of its efforts to speak out on humanitarian issues related to Gaza, alleging suppression of its efforts to advocate for Palestinians and other human rights issues. This legal clash highlights the fraught relationship between a mission-driven subsidiary and its corporate owner, raising broader questions about the intersection of business and activism.
The Roots of the Conflict
Founded in 1978 by Ben Cohen and Jerry Greenfield, Ben & Jerry’s has consistently positioned itself as a champion of social justice, using its brand as a platform for advocacy. However, since its acquisition by consumer goods giant Unilever in 2000, this ethos has sometimes clashed with corporate priorities.
The relationship between Ben & Jerry’s and Unilever became strained in 2021 when the ice cream maker announced plans to cease sales in Israeli-occupied West Bank territories, citing inconsistency with its values. This decision led to significant backlash, including investor divestments from Unilever and legal challenges. Unilever responded by selling its Israeli business interests to a local licensee, allowing continued sales in the disputed regions, a move that Ben & Jerry’s contested in court. The lawsuit was settled in 2022 under confidential terms.
The Latest Lawsuit
In the latest legal filing, Ben & Jerry’s accuses Unilever of breaching the 2022 settlement agreement, which purportedly required Unilever to “respect and acknowledge the Ben & Jerry’s independent board’s primary responsibility over Ben & Jerry’s social mission.” The lawsuit details four instances where Ben & Jerry’s attempted to publicly advocate for peace and human rights, including calls for a ceasefire in Gaza, support for the safe passage of Palestinians to Britain, backing student protests against civilian deaths in Gaza, and advocating for a halt in U.S. military aid to Israel. According to the complaint, Unilever silenced each of these efforts.
The lawsuit outlines specific instances where Unilever allegedly blocked Ben & Jerry’s attempts to:
- Call for a ceasefire in Gaza.
- Advocate for safe passage of Palestinians to the UK.
- Support students protesting civilian deaths in Gaza.
- Oppose U.S. military aid to Israel.
The independent board has voiced its positions on some of these issues, but the company claims it was “muzzled” by Unilever when attempting to do so publicly. “Unilever has silenced each of these efforts,” Ben & Jerry’s said.
A Unilever spokesperson said: “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. We would not comment further on this legal matter.”
Unilever has firmly rejected the claims made by Ben & Jerry’s social mission board. In a statement, the company expressed sympathy for all victims of the Middle East conflict but emphasized its intention to “defend our case very strongly.” Unilever declined to provide further comments on the ongoing legal matter.
Financial Disputes Over Human Rights Donations
The lawsuit also highlights financial disputes between the two companies. As part of the 2022 settlement, Unilever was reportedly obligated to provide $5 million to Ben & Jerry’s for donations to human rights organizations of its choosing. However, Unilever objected to some of the selected recipients, including Jewish Voice for Peace, citing concerns that the organization was “too critical of the Israeli government.”
Potential Spin-Off?
In March 2024, Unilever announced plans to spin off its ice cream division, which includes Ben & Jerry’s, by the end of 2025. This move aims to simplify Unilever’s holdings and could potentially grant Ben & Jerry’s greater autonomy over its social mission. The outcome of the current lawsuit may influence the terms and structure of this anticipated spin-off.
The ongoing legal battle between Ben & Jerry’s and Unilever reflects a broader struggle within the corporate world between maintaining brand integrity and social responsibility versus adhering to overarching corporate policies and financial considerations. As the case unfolds, it will serve as a critical example of how companies navigate the complex interplay between activism and corporate governance.
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