Why the Ben & Jerry’s and Unilever Relationship Is Melting Down

The outspoken ice cream company continues its legal fight with its parent company

Ben & Jerry’s, the outspokenly political Vermont-based ice cream company, is now accusing its parent company Unilever, with whom it has had an increasingly contentious relationship, of ousting its CEO David Stever. These latest accusations appear in a new proposed amended complaint to the company’s ongoing lawsuit against Unilever. The amendment claims, in part, that “Unilever’s motive for removing Mr. Stever is his commitment to Ben & Jerry’s Social Mission and Essential Brand Integrity ... rather than any genuine concerns regarding his performance history.”

At the crux of the lawsuit, which Ben & Jerry’s first filed in November, are accusations that Unilever has “failed to recognize and respect ... Ben & Jerry’s Social Mission and Brand Integrity, including threatening Ben & Jerry’s personnel should the company speak regarding issues which Unilever prefers to censor.” These issues include support of Palestine and a ceasefire, and criticism of President Trump.

Ben & Jerry’s, which was founded by Ben Cohen and Jerry Greenfield in 1978, has always centered around activism. As the brand explains on its website: “Guided by our core values, we seek in all we do, at every level of our business, to advance human rights and dignity, support social and economic justice for historically marginalized communities, and protect and restore the Earth’s natural systems.” This positioning has increasingly put Ben & Jerry’s at odds with Unilever, which bought it in 2000. Judging by a statement at the time of the acquisition, Ben & Jerry’s seemed to believe that Unilever would encourage and fund its social mission, as well be able to contribute to Unilever’s “social practices worldwide.”

The acquisition made Ben & Jerry’s a subsidiary of Unilever but allowed it to retain an independent board of directors, over which Unilever has minimal control. Ben & Jerry’s describes this board as being “empowered to protect and defend Ben & Jerry’s brand equity and integrity.” The company’s initial lawsuit alleges that “Unilever threatened to dismantle the Independent Board and sue the board members individually if Ben & Jerry’s — with its decades-long motto of ‘peace, love, & ice cream’ — issued the statement supporting ‘peace’ and a ‘ceasefire.’” (Emphasis theirs.)

According to the filing, other suppressed posts include support of visas for Palestinian refugees, support of pro-Palestine campus protests, and support of a resolution led by Senator Bernie Sanders to halt military aid to Israel. The company has also claimed that Unilever has silenced its attempts to criticize President Trump.

The proposed amendment to the lawsuit classifies Unilever’s “suppression” as now having “reached startling new levels of oppressiveness — and irony.” This comes after Unilever allegedly prevented Ben & Jerry’s from making a post commemorating Black History Month, as well as making a statement in support of protecting the First Amendment, with a link to an ACLU petition for the release of Mahmoud Khalil, the permanent resident who was recently detained by ICE for his participation in pro-Palestine protests at Columbia University. The amendment claims that Unilever has “encroached on the Independent Board’s authority over the Social Mission.”

Of course, all of this comes on top of Unilever’s plans to “spin off” its ice cream unit — which includes Ben & Jerry’s, Breyers, Magnum, and Talenti — to cut costs. That separation is expected to finalize this year, and according to the amendment, Unilever has “failed to engage” with Ben & Jerry’s about how this restructuring — which it told the company was “imminent” — will “preserve the rights, duties, and obligations” in the two parties’ business agreements, including Ben & Jerry’s social mission and the Independent Board’s authority over it.

Despite the alleged suppression, Ben & Jerry’s remains more strident about its social values than many major brands. In recent months, its social media accounts have shared posts supporting abortion care providers, promoting Black History Month, and calling for clemency for cannabis convictions (which President Biden did before leaving office). While some people have told the company to “stick to ice cream,” it doesn’t seem to have plans to back down anytime soon.