Ben & Jerry’s Sues Parent Unilever, Accusing it of Silencing Pro-Palestinian Stance on Gaza

New York (Quds News Network)- Ice cream brand Ben & Jerry’s said in a lawsuit filed Wednesday that parent company Unilever has silenced its attempts to express support for Palestinians in Gaza amid the ongoing Israeli genocide war, and threatened to dismantle its board and sue its members over the issue.

The lawsuit is the latest sign of the long-simmering tensions between Ben & Jerry’s and consumer products maker Unilever, Reuters exclusively reported.

What happened?

In July 2021, the well-known American firm Ben & Jerry’s announced it will no longer sell its products in occupied Palestinian territories, sparking backlash including divestments by at least six U.S. pension funds.

The company had said in a statement that “it is inconsistent with our values for Ben & Jerry’s ice cream to be sold in the Occupied Palestinian Territory (OPT).”

The decision was one of the highest-profile boycotts by a well-known brand of Israel’s illegal settlements, which are considered as illegal under international law.

Unilever then announced that it had “sold its Ben & Jerry’s business interests in Israel to Avi Zinger, the owner of American Quality Products Ltd (AQP),” the current Israeli licensee for Ben & Jerry’s.

Zinger had sued Ben & Jerry’s after its decision in the occupied West Bank, claiming the company illegally severed their 34-year relationship.

With the new arrangement, Ben & Jerry’s ice cream is sold to all consumers in Israel and the occupied West Bank, including in illegal Israeli settlements.

Ben & Jerry’s ice cream also cannot be sold in Israel using the name of Unilever or the original branding, as per the new arrangement. The Israeli licensees instead sell the product with Hebrew and Arabic labeling.

“Unilever has used the opportunity of the past year to listen to perspectives on this complex and sensitive matter and believes this is the best outcome for Ben & Jerry’s in Israel,” it said in a statement.

“The review included extensive consultation over several months, including with the Israeli government.”

It added that it rejected antisemitism, and had never endorsed the pro-Palestinian boycott, divestment, sanctions campaign: “We have never expressed any support for the Boycott Divestment Sanctions (BDS) movement and have no intention of changing that position.”

“The new arrangement means Ben & Jerry’s will be sold under its Hebrew and Arabic names throughout Israel and the West Bank under the full ownership of its current licensee,” Unilever added.

The parent company also acknowledges that “Ben & Jerry’s and its independent board were granted rights to take decisions about its social mission, but Unilever reserved primary responsibility for financial and operational decisions and therefore has the right to enter this arrangement.”

Ben & Jerry’s blasted Unilever for selling the Vermont-based firm’s business in ‘Israel’ to an Israeli licensee, stressing it did not agree with the decision and found it ‘inconsistent’ with its values.

“We are aware of the Unilever announcement. While our parent company has taken this decision, we do not agree with it,” the ice cream firm tweeted.

“Unilever’s arrangement means Ben & Jerry’s in Israel will be owned and operated by AQP. Our company will no longer profit from Ben & Jerry’s in Israel.”

“We continue to believe it is inconsistent with Ben & Jerry’s values for our ice cream to be sold in the Occupied Palestinian Territory.”

That lawsuit was settled in 2022 after Unilever said that it had resolved the lawsuit with the ice cream maker .

Silencing Gaza Stance

In its new lawsuit, Ben & Jerry’s said that Unilever has breached the terms of the 2022 settlement, which has remained confidential.

As part of the agreement, Unilever is required to “respect and acknowledge the Ben & Jerry’s independent board’s primary responsibility over Ben & Jerry’s social mission,” according to the lawsuit, as reported by Reuters.

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

In response to Reuters’ report, Unilever said in an emailed statement: “Our heart goes out to all victims of the tragic events in the Middle East. We reject the claims made by B&J’s social mission board, and we will defend our case very strongly.”

“We would not comment further on this legal matter,” it added.

Ben & Jerry’s said in the lawsuit it has tried to call for a ceasefire in Gaza, support the safe passage of Palestinian refugees to Britain, back students protesting at US colleges against civilian deaths in Gaza, and advocate for a halt in US military aid to Israel, but has been blocked by Unilever.

Ben & Jerry’s said that Peter ter Kulve, Unilever’s head of ice cream, said he was concerned about the “continued perception of antisemitism” regarding the ice cream brand voicing its opinions on Gaza, according to the lawsuit.

Unilever was also required under the settlement agreement to make a total of $5 million in payments to Ben & Jerry’s for the brand to make donations to human rights groups of its choosing, according to the lawsuit.

Ben & Jerry’s selected the anti-Zionist Jewish Voice for Peace (JVP) and the San Francisco Bay Area Chapter of the Council on American-Islamic Relations, among others, according to the filing.

Unilever in August objected to the selections, claiming that JVP was “too critical of the Israeli government,” according to the lawsuit.

In March, Unilever said it would spin off its ice cream business, which includes Ben & Jerry’s, by the end of 2025 to simplify its holdings.