Unilever, the parent company of Ben & Jerry's ice cream, is calling for the dismissal of a lawsuit in which it is accused of sacking chief executive David Stever partly due to his views on Gaza and Palestine.
The independent board of Ben & Jerry's updated a lawsuit last month, alleging Unilever had removed Mr Stever in part because of his social advocacy for various causes, including the Israel-Gaza war and Palestinian rights.
The company says a contractual agreement with Ben & Jerry's does not guarantee “the unfettered right to advocate on any topic it wants on behalf of Ben & Jerry's … embroil B & J and Unilever in highly controversial and divisive topics that put the businesses and their employees at risk”.
It also alleges that because of actions taken by the ice cream brand's independent board in recent years, a “fatwa” was issued against Unilever. This is a reference to a sharp decline in sales in Indonesia after the country's Ulema Council issued a religious edict in 2023 that called for the support of Palestine and prohibited any activity of support for Israel – which Unilever was accused of doing.
The dismissal request, filed late on Friday, takes direct aim at Anuradha Mittal, chairwoman of Ben & Jerry’s independent board of directors.
“Rather than consulting with Unilever about David Stever’s future (which the Class I Directors declined to do for several weeks), Mittal went to the press with statements that Unilever had fired Stever even though she knew that to be false,” read Unilever's filing.
“In sum, it is clear that this lawsuit was just a vehicle for Mittal to go to the press with a false narrative to further her own agenda and denigrate Unilever, not to assert legitimate claims.”
Unilever says Mr Stever voluntarily resigned, nullifying the accusations made by the independent board.
“I will be putting down my scoop and moving on to new adventures,” reads an email from Mr Stever, an exhibit in Unilever's request for the lawsuit's dismissal.
“I will continue to be a fan and as the 'newester' member of the ice cream for life club, I will be sure to be on high alert for the latest flavour creations and creative names that will make everyone smile. Peace, love and ice cream.”
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 occupied West Bank.
The ice cream company has not been shy about taking stances on issues in the Middle East. For example, it called for an immediate ceasefire in Gaza last year.
In its 32-page court filing, Unilever defended its approach and attempts to edit Ben & Jerry's social media output related to the war in Gaza, along with attempts from Ben & Jerry's to issue statements in the form of press releases on the conflict.
“Unilever was willing to issue a statement, but reasonably insisted on a balanced post that not only called for a ceasefire but also condemned terrorism and called for the release of hostages, which would align with the position articulated by Pope Francis,” the company said, referencing Ben & Jerry's desire to call for a ceasefire.
Unilever was also accused of censoring Ben & Jerry's social media posts showing support for Palestinian student Mahmoud Khalil, who faces deportation because of his involvement in pro-Palestine protests last year.
“Like with previous posts, Unilever did not block the post but rather sought to work with the board to issue a balanced statement in support of First Amendment rights while not appearing to take sides in the Israeli-Palestinian conflict,” it said.
Israel's punishing campaign in Gaza – which followed the 2023 attacks by Hamas-led fighters that resulted in the deaths of about 1,200 people and the capture of 240 hostages – has killed more than 52,300 Palestinians in Gaza and injured about 117,790.
Ben & Jerry's has a track record stretching back decades of speaking out in support of social justice, environmental protection and human rights.
“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,” Ben Cohen, who cofounded the ice cream company with Jerry Greenfield in 1978, told The National in an interview last month.
“We refer to it as a values-led business. If you're led by your values, you kind of have to use what tools you have available to live up to those values.”
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 such as Hellmann's mayonnaise.
The independent board of Ben & Jerry's has until Friday to file a brief countering Unilever's motion to suspend the lawsuit.
Willy Lowry contributed to this report from Washington
