Ben & Jerry’s has accused its parent company, Unilever, of attempting to suppress the ice cream maker’s social activism and removing its CEO over political statements. The allegations were made in a federal court filing in New York on Tuesday, escalating tensions between the two companies.
Merger Agreement Dispute
According to the filing, Ben & Jerry’s claims that Unilever has violated the terms of their merger agreement by repeatedly undermining the company’s independent board and its ability to pursue its “social mission.” The independent board, established in 2000 when Unilever acquired Ben & Jerry’s, was designed to safeguard the brand’s values and integrity.
The ice cream company alleges that Unilever has threatened CEO David Stever and other employees over their support for Palestinian refugees.
“Unilever has repeatedly threatened Ben & Jerry’s personnel, including CEO David Stever, should they fail to comply with Unilever’s efforts to silence the social mission,” the filing states.
Blocked Social Media Posts
The dispute also centers on allegations that Unilever has obstructed Ben & Jerry’s efforts to publicly support various social causes. The filing cites a blocked post expressing solidarity with Columbia University graduate Mahmoud Khalil, a Palestinian refugee who claims he is being detained as a “political prisoner” for condemning Israeli military actions in Gaza.
The proposed post, included in the filing, read:
“Protect the First Amendment! Free speech and peaceful protests are the lifeblood of our democracy, and student activists have always been at the center of the fight for justice. Political speech is protected by our constitution and peaceful civil disobedience should never be the basis for deportation. Protect your right to dissent and take action with the @ACLU.”
Ben & Jerry’s also planned to include a link to an ACLU petition supporting Khalil. Additionally, the company claims Unilever prevented it from publishing a post commemorating Black History Month in February.
Tensions Over Political Statements
This is not the first time Ben & Jerry’s has accused Unilever of suppressing its activism. In a previous court filing from February, the company alleged that Unilever’s ice cream division chief, Peter ter Kulve, imposed restrictions on political statements. The filing claimed that ter Kulve unilaterally barred Ben & Jerry’s from criticizing former President Donald Trump and blocked a planned post related to his inauguration in 2017.
Unilever’s Response
A Unilever spokesperson, speaking on condition of anonymity, criticized Ben & Jerry’s independent board for making internal discussions public.
“Regrettably, despite repeated attempts to engage the board and follow the correct process, we are disappointed that the confidentiality of an employee career conversation has been made public,” the spokesperson told USA TODAY. “We hope that the Ben & Jerry’s Independent Board will engage as per the original, agreed process.”
Allegations of Retaliation
Ben & Jerry’s also claims that Unilever has threatened to dismantle the independent board in retaliation for the company’s stance on Palestinian rights. The lawsuit, originally filed in November, states that Unilever warned board members they could be individually sued if the company issued statements advocating for peace and a ceasefire in the Israel-Gaza conflict.
The ice cream maker further alleges that Unilever’s push to remove CEO David Stever is driven by his dedication to Ben & Jerry’s social mission rather than concerns about his job performance.
The ongoing legal battle underscores the deepening rift between Ben & Jerry’s and Unilever, highlighting the challenges of balancing corporate ownership with social activism.
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