Ice cream maker Ben & Jerry's is accusing its parent company Unilever of wrongfully sacking its chief executive, David Stever, in part because of his views on Gaza and Palestine.
In an updated court filing this week, Ben & Jerry's also said Unilever is “silencing” the company's social mission, including any criticism of the Trump administration.
The lawsuit states that Unilever’s motive for removing Mr Stever is his commitment to Ben & Jerry’s Social Mission “and his willingness to collaborate in good faith with the independent board, rather than any genuine concerns regarding his performance history".
The additional complaint also states that under Mr Stever, Ben & Jerry's ice cream sales “outperformed Unilever's ice cream portfolio”.
The lawsuit alleges that shortly after immigration authorities arrested Palestinian student Mahmoud Khalil, who faces deportation because of his involvement in pro-Palestine protests last year, Unilever blocked Ben & Jerry's from posting about the incident on social media.
“Unilever blocked Ben & Jerry’s from making the following post: 'Protect the First Amendment! Free speech and peaceful protests are the lifeblood of our democracy, and student activists have always been at the centre of the fight for justice,'” the lawsuit alleges.
Previous iterations of the lawsuit also allege that Unilever breached commitments made by Ben & Jerry's by “blocking donations to Jewish Voice for Peace and the Council on American Islamic Relations.”
In a statement to The National, London-based Unilever blamed the Ben & Jerry's independent board.
“In line with the terms of the acquisition agreement, decisions on the appointment, compensation and removal of the Ben & Jerry's CEO will be made by Unilever after good-faith consultation and discussion with the B&J's independent board,” read the statement.
“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. We hope that the B&J independent board will engage as per the original, agreed process.”
Anuradha Mittal, chairwoman of Ben & Jerry’s board of directors, told The National that the ice cream maker's independent board stands by its accusations that Unilever is unfairly seeking to punish Mr Stever.
“Dave has courageously advanced the company’s social mission and values, has continued to drive innovation in its super premium product range, and has delivered strong financial results, far outpacing the rest of Unilever’s ice cream business,” she said.
“What Dave hasn’t done is what Unilever would like him to do, which is to oversee the dismantling of Ben & Jerry’s mission, progressive values, and the 2000 merger agreement that has protected Ben & Jerry’s position as a wholly owned autonomous subsidiary.”
The relationship between Ben & Jerry's and Unilever has long been fraught. In 2022, Ben & Jerry’s sued Unilever in an attempt to halt the sale of its Israeli business to a local franchisee, an agreement that would allow the ice cream to be sold in the Israeli-occupied West Bank.
The ice cream company has not been shy about taking stances on the geopolitical developments in the Middle East, calling for an immediate ceasefire in Gaza in 2024.
“We believe that our company has a responsibility to work to improve the quality of life for people in our local, national and international communities, and we're firmly opposed to war, firmly in favour of peace and human rights, justice,” said Ben Cohen, who cofounded the ice cream company with Jerry Greenfield in 1978.
Mr Cohen its an outspoken peace campaigner and philanthropist. Mr Cohen told The National that as Ben & Jerry's reach grew, so to did the company's commitment and responsibility to an international clientele.
“We refer to it as a values-led business,” Mr Cohen said. “If you're led by your values, you kind of have to use what tools you have available to live up to those values.”
The Vermont-based ice cream maker has been known for decades to speak out in support of social justice, environmental protection and human rights.
Last May, Unilever said it was planning to spin off its ice cream business – including Ben & Jerry's – by the end of 2025 as part of a larger restructuring. Unilever also owns personal hygiene brands like Dove soap and food brands like Hellmann's mayonnaise.
