Ben & Jerry’s accuses Unilever of silencing its pro-Palestinian stance
Ben & Jerry’s has sued Unilever, alleging that the ice cream brand’s parent company is silencing its effort to express support for Palestinians.
The Vermont-based brand said Wednesday that Unilever violated merger and settlement agreements that give the Ben & Jerry’s independent board authority over its social mission, according to the lawsuit.
Unilever prevented the board from publicly voicing its pro-Palestinian opinions on behalf of Ben & Jerry’s, the suit said - including advocating for a cease-fire and safe passage for refugees, supporting college campus protests and urging a halt to U.S. military aid to Israel.
The lawsuit alleged that Peter ter Kulve, the head of Unilever’s ice cream unit, was responsible for barring the board’s public efforts. Ter Kulve was concerned about the brand’s “continued perception of anti-semitism,” and Unilever wanted to take a more neutral stance on the Palestinian-Israeli conflict, the suit says.
Anuradha Mittal, chairwoman of the board of directors of Ben & Jerry’s, told The Washington Post the brand has a storied, 40-year history of activism that remains a priority for the board.
“It’s a threat to our brand integrity because our fans, our partners, expect us to speak for human rights,” she said.
Shahmeer Halepota, a lawyer representing the Ben & Jerry’s board, told The Post there have been consistent efforts to undermine Ben & Jerry’s social mission, efforts that the litigation “seeks to nip in the bud.”
“There’s been changes in the leadership of Unilever, and we believe that, as a result, there’s been a difference in perspective and a more aggressive response,” Halepota said.
“We reject the claims made by B&J’s social mission board, and we will defend our case very strongly,” a spokesperson for Unilever wrote in an emailed statement.
The company declined to comment further on the lawsuit.
When Unilever purchased the ice cream brand in 2000, it took over Ben & Jerry’s financial and operational decisions while allowing the board to continue its activism. In the past, the ice cream company has taken firm stances on its values, including advocating for LGBTQ+ rights, climate change awareness and campaigns against racism.
Ben & Jerry’s announced in July 2021 it would stop sales in the Israeli-occupied West Bank and parts of East Jerusalem. The company said it was “inconsistent with our values” for the ice cream to be sold in Palestinian territory that was occupied by Israel, spurring controversy in Israel and abroad.
The move caused a drop in Unilever shares, and U.S. investors sued for damages in 2022. The lawsuit against Unilever was dismissed in August 2023.
Unilever announced in 2022 that the ice cream brand had been sold to an Israeli licensee, continuing sales in Palestinian territory occupied by Israel. According to the lawsuit, the board had not consented to sale and initiated litigation days after, accusing Unilever of breaching the 2000 merger agreement.
The ice cream brand wrote on X that it did not agree with the sale and that it still views its operations in those disputed areas as “inconsistent with Ben & Jerry’s values.”
The litigation led to a December 2022 settlement agreement, where a condition expressly requires Unilever to respect the board’s authority over Ben & Jerry’s social mission and brand integrity. According to the lawsuit, Unilever has also prevented the board from donating a portion of its $5 million settlement payments to pro-Palestinian human rights and humanitarian organizations.
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