Ben & Jerry's lawsuit accuses parent company of censorship over Gaza

Ben & Jerry’s has sued its parent company Unilever accusing it of silencing the ice cream maker from making statements in support of Palestinians in the Gaza war.

The complaint, filed Wednesday in federal court in New York, says the multinational conglomerate has failed to adhere to its contractural obligations with Ben & Jerry's by threatening to dismantle the company's independent board, sue board members, intimidate personnel and censor the company “from publicly voicing support for peace and refugee rights,” the lawsuit states.

London-based Unilever said in a statement that it rejects the claims made by Ben & Jerry’s social mission board. “We will defend our case very strongly,” it said.

Unilever acquired Ben & Jerry's, a longtime supporter of progressive social causes, in 2000 but distanced itself from the ice cream maker's decision in 2021 to halt sales in Israeli settlements in the occupied West Bank and contested east Jerusalem.

When Ben & Jerry’s was sold, the companies agreed that the ice cream maker’s independent board would be free to pursue its social mission, including longstanding support for liberal causes on such things as racial justice, climate action, LGBTQ rights and campaign finance reform. But Unilever would have the final word on financial and operational decisions.

Unilever then announced in July 2022 that it was selling its interest in the Vermont ice cream maker to its Israeli licensee, which would market Ben & Jerry's products with Hebrew and Arabic labels in east Jerusalem and the occupied West Bank. Ben & Jerry's tried to block the plan in court but failed.

After months of negotiations, Ben & Jerry’s and Unilever entered into a settlement agreement, in which Unilever must respect the board's responsibility over the ice cream maker's social mission and brand integrity, and “work in good faith with the Independent Board to ensure that both are protected and furthered," the lawsuit states.

Ben & Jerry's has been muzzled by Unilever in four attempts to speak out publicly against the war in Gaza with calls “for peace and a permanent and immediate ceasefire,” support for U.S. college students protesting the war and for the end of U.S. military aid to Israel, the lawsuit states.

“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 March, Unilever announced that it was cutting 7,500 jobs and spinning off its ice cream business to reduce costs and boost profits.

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