Ben & Jerry's launched a new legal battle against its parent company, Unilever, accusing the multinational giant of stifling its attempts to voice support for Palestinian rights.
Ben & Jerry's filed a lawsuit against Unilever in the U.S. District Court for the Southern District of New York, alleging that the consumer goods giant interfered with its efforts to advocate for Palestinian rights and threatened to strip the ice cream maker of its independent board.
The lawsuit is the latest escalation in an ongoing conflict between the two companies over a unique arrangement dating to Unilever's 2000 acquisition of Ben & Jerry's. At that time, Unilever agreed to allow Ben & Jerry's independent board to retain control over the brand's social mission.
The arrangement was further affirmed in a 2022 settlement after a previous dispute over Ben & Jerry's sales policies in the West Bank and contested East Jerusalem. Unilever had sold the Israeli Ben & Jerry's business to a licensee against the board's wishes, prompting legal action that ultimately ended in an agreement to protect the board's authority over social advocacy.
In the latest complaint, Ben & Jerry's accuses Unilever of violating that agreement at least four times since 2023. The board claims that in December 2023, it sought to issue a public statement urging a permanent cease-fire in Gaza but faced opposition from Unilever, which allegedly threatened to dismantle the board and sue individual members if they proceeded.
Further incidents cited in the lawsuit include a May 2024 instance in which Ben & Jerry's sought Unilever's permission to tweet in support of safe passage for Palestinians seeking asylum in the U.K. According to the complaint, Unilever blocked the tweet, claiming the timing was inappropriate given concurrent events in the region. Ben & Jerry's also alleges that Unilever blocked a June 2024 statement supporting the First Amendment rights of students protesting civilian deaths in Gaza.
In another instance, Ben & Jerry's claims it was barred from publicly supporting Sen. Bernie Sanders' legislation to restrict U.S. arms sales to Israel. The company argues that these actions constitute a "pattern and practice of usurping the Independent Board's authority," undermining the brand's integrity and commitment to social activism.
Since its founding, Ben & Jerry's has been known for its strong stance on social issues, including advocacy for climate change, LGBTQ rights, and, more recently, Palestinian rights. The lawsuit also claims that Unilever has restricted Ben & Jerry's charitable donations. As part of the 2022 settlement, Unilever agreed to provide $5 million to be distributed to human rights groups.
However, Ben & Jerry's says donating to organizations such as the Jewish Voice for Peace and the Council on American-Islamic Relations was prohibited. Unilever allegedly vetoed these groups, citing concerns about criticism of Israeli government policies.
Unilever has publicly refuted the allegations, stating it intends to defend itself "very strongly."
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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