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Ben & Jerry’s Sues Unilever Over Alleged Suppression of Political Expression

by Alice

Ben & Jerry’s has once again found itself in a courtroom battle, this time suing its parent company, Unilever, over allegations that the multinational conglomerate interfered with the ice cream brand’s attempts to publicly support a ceasefire in Gaza and advocate for Palestinian refugees.

The lawsuit, filed on Wednesday, claims that Unilever violated a prior agreement granting Ben & Jerry’s autonomy in pursuing its “social mission.” The ice cream company alleges that Unilever silenced its efforts on four separate occasions when the company sought to publicly support calls for a ceasefire in Gaza, halt U.S. military aid to Israel, back student protests against Israel’s military actions, and advocate for the safe passage of Palestinian refugees from Gaza to the United Kingdom.

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“Ben & Jerry’s has on four occasions attempted to publicly speak out in support of peace and human rights,” the lawsuit reads. “Unilever has silenced each of these efforts.”

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The legal filing also includes claims that Peter ter Kulve, Unilever’s head of ice cream, expressed concerns that Ben & Jerry’s taking a vocal stance on the Gaza conflict might foster a “continued perception of anti-Semitism.”

Another key point in the lawsuit pertains to a disagreement over a $5 million donation Ben & Jerry’s sought to make to human rights organizations. Ben & Jerry’s selected two groups—the anti-Zionist Jewish Voice for Peace (JVP) and the San Francisco chapter of the Council on American-Islamic Relations (CAIR)—but Unilever objected, reportedly deeming JVP’s criticisms of the Israeli government as excessive.

The tension between Ben & Jerry’s and Unilever has a long history, dating back to 2021, when the ice cream brand announced it would cease selling its products in Israeli settlements in the occupied West Bank. The decision was made on the grounds that continuing to operate in the settlements was “inconsistent” with the company’s values. The move sparked backlash from Israeli lawmakers and American politicians, many of whom threatened to divest from Unilever.

In response to this opposition, Unilever sold Ben & Jerry’s business interests in Israel to Avi Zinger, an Israeli businessman, effectively reversing the ice cream brand’s decision. Ben & Jerry’s subsequently filed a lawsuit to block the sale, arguing it violated its ability to independently make decisions about its operations. A settlement was reached in December 2022, though the terms remain confidential.

This new lawsuit stems from the ongoing tensions following that settlement. Ben & Jerry’s alleges that Unilever continues to interfere with its efforts to fulfill its stated social mission, which includes advocating for human rights and social justice.

In response to the legal filing, Unilever issued a statement expressing strong disagreement with Ben & Jerry’s claims. “Our heart goes out to all victims of the tragic events in the Middle East,” a spokesperson said. “We reject the claims made by Ben & Jerry’s social mission board, and we will defend our case very strongly.” Unilever declined to provide further comment on the matter.

As the legal battle unfolds, the dispute underscores the ongoing conflict between corporate interests and the social mission that Ben & Jerry’s has long championed, particularly when it comes to addressing contentious political issues.

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