Ben & Jerry’s Ratchets Up Lawsuit Against Unilever Over Censorship Allegations
Ben & Jerry’s has escalated its lawsuit against its parent company, Unilever, accusing the British multinational consumer goods company of suppressing a social policy statement that mentioned President Donald Trump.
The ice cream maker filed an amended complaint in Manhattan federal court, alleging that Unilever’s ice cream chief, Peter ter Kulve, blocked the social media post because it mentioned Trump. The post was intended to be released on Inauguration Day in 2017, discussing hot-button issues such as abortion, climate change, minimum wages, and universal healthcare.
Ben & Jerry’s also accused Unilever of silencing its attempts to express support for Palestinian refugees and end military aid to Israel, and of threatening to dismantle its independent board. The company is seeking a court order requiring Unilever to honor its commitment to make $25 million in payments to groups chosen by Ben & Jerry’s.
The dispute between the two companies escalated after Ben & Jerry’s decided to stop selling certain flavors in the Israeli-occupied West Bank in 2021, citing inconsistent values. A 2022 settlement required Unilever to respect Ben & Jerry’s independent board and social mission, as well as make the $25 million payments.
The lawsuit could complicate Unilever’s plans to spin off its ice cream business, including Ben & Jerry’s, to simplify its product portfolio and cut costs. “It doesn’t help it, because anytime you have a cloud over it, it makes it harder to either sell it or spin it out. It affects folks’ interpretation of its value,” said Charles Elson, a retired University of Delaware law professor and corporate governance expert.
