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ICE CREAM MAKER BEN & JERRY’S IS SUING ITS PARENT COMPANY, UNILEVER, ACCUSING IT OF SILENCING THE BRAND’S ATTEMPTS TO SPEAK OUT IN SUPPORT OF PALESTINIANS.

BEN & JERRY’S FILED THE LAWSUIT IN FEDERAL COURT THIS WEEK, CLAIMING UNILEVER HAS REPEATEDLY VIOLATED AGREEMENTS THAT PROTECT THE BRAND’S INDEPENDENCE. 

THE COMPLAINT ALLEGES UNILEVER HAS BLOCKED THE COMPANY FROM MAKING STATEMENTS, TAKING ACTIONS, AND EVEN MAKING DONATIONS TO CERTAIN ACTIVISM GROUPS – ACCUSING UNILEVER OF TRYING TO INTIMIDATE ITS PERSONNEL INTO SILENCE.

AT THE HEART OF THE DISPUTE IS BEN & JERRY’S INDEPENDENT BOARD, A UNIQUE ARRANGEMENT THAT HAS BEEN IN PLACE SINCE UNILEVER ACQUIRED THE COMPANY IN 2000. THE BOARD WAS ESTABLISHED TO ENSURE THE ICE CREAM BRAND COULD CONTINUE ITS ACTIVISM.

BUT NOW, BEN & JERRY’S SAYS UNILEVER HAS ATTEMPTED TO DISMANTLE THAT BOARD AND SHUT DOWN ITS EFFORTS TO SPEAK OUT ON SOCIAL ISSUES – INCLUDING PRO-PALESTINIAN MESSAGING DURING THE ONGOING ISRAEL-HAMAS CONFLICT.

THE LAWSUIT INCLUDES SEVERAL EXAMPLES OF UNILEVER REPORTEDLY BLOCKING BEN & JERRY’S FROM TAKING A STAND.

IN DECEMBER 2023, BEN & JERRY’S SOUGHT TO RELEASE A STATEMENT CALLING FOR A CEASEFIRE IN GAZA. BUT THE COMPLAINT ALLEGES UNILEVER THREATENED TO BREAK UP THE BOARD IF THE BRAND ISSUED THE STATEMENT.

IN 2024, TENSIONS CONTINUED. 

IN MAY, BEN & JERRY’S WANTED TO TWEET IN SUPPORT OF PALESTINIAN SAFE PASSAGE TO THE UK, BUT UNILEVER BLOCKED THAT TOO, ALLEGEDLY SAYING IT WAS INAPPROPRIATE GIVEN CURRENT EVENTS IN THE MIDDLE EAST WHICH INCLUDED AN IRANIAN MISSILE ATTACK ON ISRAEL AT THE TIME.

THE FOLLOWING MONTH, BEN & JERRY’S ATTEMPTED TO RELEASE A STATEMENT BACKING STUDENT PROTESTS OVER CIVILIAN DEATHS IN GAZA—ONLY TO BE ALLEGEDLY STOPPED AGAIN.

AND IN SEPTEMBER, THE LAWSUIT SAYS UNILEVER BLOCKED BEN & JERRY’S FROM SUPPORTING LEGISLATION INTRODUCED BY SENATOR BERNIE SANDERS THAT WOULD HAVE STOPPED U.S. WEAPON SALES TO ISRAEL.

THE ICE CREAM BRAND SAYS UNILEVER BLOCKED DONATIONS TO ORGANIZATIONS LIKE “JEWISH VOICE FOR PEACE” AND THE “COUNCIL ON AMERICAN-ISLAMIC RELATIONS” – UNILEVER CITING CONCERNS OVER THE ORGANIZATIONS’ ANTI-ISRAEL STANCES.

BEN AND JERRY’S ALSO SUED ITS PARENT COMPANY BACK IN 2021 TO PREVENT ICE CREAM SALES IN JEWISH SETTLEMENTS IN THE WEST BANK.

UNILEVER PREVIOUSLY SAID THAT THE COMPANY WANTS TO STAY “NEUTRAL” ON THE PALESTINIAN-ISRAELI CONFLICT.

UNILEVER HAS REJECTED THE ACCUSATIONS IN BEN AND JERRY’S LAWSUIT, SAYING IT WILL DEFEND ITSELF “VERY STRONGLY” IN COURT.

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