Ben & Jerry’s Accuses Parent Company Unilever of Firing CEO Over Political Posts, Anti-Israel Activism
Shiryn Ghermezian
Tubs of ice cream are seen as a laborer works at a Ben & Jerry’s factory in Be’er Tuvia, Israel, July 20, 2021. Photo: REUTERS/Ronen Zvulun
Ben & Jerry’s has accused parent company Unilever of firing its CEO in retaliation for the ice cream producer’s political activism on social media, which includes calling for a permanent ceasefire to end the Israel-Hamas war.
Ben & Jerry’s — which was founded in 1978 by Jewish childhood friends Ben Cohen and Jerry Greenfield — and five directors of its independent board filed a lawsuit against Unilever and its US subsidiary, the New York-based corporation Conopco, in federal court in November 2024, claiming the companies are censoring its public advocacy. The ice-cream maker accused Unilever, a conglomerate based in London, and Conopco of violating its 2000 merger agreement, which created the independent board and gave it “primary responsibility for Social Mission Priorities and the Essential Integrity of the Brand.” Ben & Jerry’s has a history of outspoken advocacy on topics of social justice and human rights, including climate change, LGBTQ+ rights, and Black Lives Matter.
The Vermont-based ice cream company filed an amended complaint in the Southern District of New York on Tuesday that accused Unilever and Conopco of continuing to censor its political posts on social media. In one recent instance, Ben & Jerry’s said Unilever “blocked” the company from posting a message in solidarity with pro-Hamas activist and former Columbia University graduate student Mahmoud Khalil. Ben & Jerry’s wanted to write in support of free speech and link to a petition for Khalil’s release after he was arrested earlier this month by US authorities in accordance with an executive order signed by President Donald Trump cracking down on campus antisemitism and supporters of terrorist groups. Khalil’s deportation is pending a legal challenge by his lawyers.
Ben & Jerry’s also claimed Unilever stopped it from posting in December 2023 in support of a ceasefire to end the Israel-Hamas war that started two months earlier, after the deadly Hamas terrorist attacks in southern Israel. Unilever also allegedly stopped Ben & Jerry’s from posting on social media in support of Palestinian refugees in May 2024 because of the inappropriate timing of the message, since it would have coincided with an Iranian missile attack on Israel. Another claim is that Unilever did not let Ben & Jerry’s post in support of anti-Israel campus protests, which often turned violent, and their First Amendment rights in June 2024. Unilever’s response was that it had “reasonable concerns about the need to condemn the violence associated with the protests and support rights of Jewish students as well.”
“Unilever’s suppression of Ben & Jerry’s Social Mission has reached startling new levels of oppressiveness,” Ben & Jerry’s stated in its updated complaint this week. It also claimed Unilever was waging a “campaign of professional reprisals,” which led to the firing of Ben & Jerry’s CEO David Stever, who assumed the position in May 2023 after being a longtime tour guide for the company. Under Stever’s leadership, the company “outperformed Unilever’s ice cream portfolio” and was ranked #2 on the Brand 500 Authenticity Index in 2023 and 2024, according to Ben & Jerry’s.
“Contrary to their obligations under Section 6.14, Unilever has repeatedly threatened Ben & Jerry’s personnel, including CEO David Stever, should they fail to comply with Unilever’s efforts to silence the Social Mission. This month … Unilever followed through with their threats,” the lawsuit further stated.
Ben & Jerry’s said Unilever informed its board of directors about Stever’s firing on March 3, without following protocol outlined in the merger agreement, which says Unilever must consult with an advisory committee from the board before making decisions about the removal of a CEO. Ben & Jerry’s is accusing Unilever of removing Stever because of his “commitment to Ben & Jerry’s Social Mission and Essential Brand Integrity and his willingness to collaborate in good faith with the Independent Board, rather than any genuine concerns regarding his performance history.”
“Unilever has repeatedly failed to recognize and respect the Independent Board’ primary responsibility over Ben & Jerry’s Social Mission and Brand Integrity, including threatening Ben & Jerry’s personnel should the company speak out regarding issues which that Unilever prefers to censor,” stated the amended complaint this week. The lawsuit alleges that Unilever executives previously criticized Stever in his January 2025 performance review for “repeatedly acquiesce[ing] to the demands of the Independent Social Mission Board” by permitting certain social media posts.
Ben & Jerry’s wants the court to order Unilever to “prospectively respect and acknowledge” its independent board and its authority. It also wants Unilever to comply with the merger agreement and its policy regarding the appointment and firing of a CEO.
Ben & Jerry’s also claimed in its lawsuit this week that Unilever has violated its settlement agreement with the ice cream company by blocking its donations to two anti-Israel organizations: Jewish Voice for Peace and the Council on American Islamic Relations last year. Ben & Jerry’s is asking the court to order Unilever to pay the company $5 million that it will then disbursement to human rights and humanitarian organizations of its choosing.
Unilever defended itself by saying that it “exercised its right to withhold consent to donate” after researching JVP and CAIR, and discovering that both groups have made “made inflammatory comments” about the Oct. 7 Hamas massacre in Israel.
A plaintiff included in the lawsuit against Unilever is Anuradha Mittal, chairman of Ben & Jerry’s independent board of directors. When Bloomberg News previously visited her office, it reported that it is decorated with a “Free Palestine” placard and a poster of two Palestinian men embracing next to a barbed wire fence. The poster included a message in Arabic that said, “Support the Intifada.” In 2018, on Israel’s Independence Day, Mittal tweeted, “The catastrophe continues #Nakba70 years later #palestine bleeds Boycott Divest Sanctions #israel.”
On Wednesday, Unilever filed a motion to dismiss Ben and Jerry’s complaint. The British conglomerate claimed in part that Ben & Jerry’s independent board members do not have the right to bring lawsuits on behalf of the company. Also, Ben & Jerry’s did not allege that it suffered any damages as a result of Unilever’s alleged breach of the settlement agreement, Unilever added.
Unilever noted that its issues with Ben & Jerry’s are a “direct result” of the board’s decision to get involved in the Israeli-Palestinian conflict and share its opinions so publicly “without any regard to the negative impact” on both companies. Unilever insisted that if anything, Ben & Jerry’s decision in 2021 to stop selling its products in Israeli territories resulted in “severe consequences” for both companies.
In July 2020, Ben & Jerry’s independent board unanimously passed a resolution to end distribution of Ben & Jerry’s products in eastern Jerusalem and in the West Bank. The company made the announcement a year later in July 2021, saying in a released statement: “We believe it is inconsistent with our values for Ben & Jerry’s ice cream to be sold in the Occupied Palestinian Territory.”
The announcement led to “multiple lawsuits” in the US and Israel targeting Unilever for being in violation of laws against the anti-Israel boycott, divestment, and sanctions (BDS) movement, as well as accusations of antisemitism, “severe” sanctions, and the divestment of “hundreds of millions of dollars” in Unilever’s stock, Unilever claimed in its motion to dismiss on Wednesday.
“Unilever … continues — to this day — to suffer the consequences of that decision. B&J’s and/or Unilever still remain on at least nine states’ anti-BDS lists and Indonesia has a ‘fatwah’ on Unilever. These are just two examples of the world-wide response to the Board’s decision that have negatively impacted B&J’s and Unilever,” the company stated. “Unilever continues to support B&J’s and its social advocacy work. Over time, the social mission of B&J’s shifted, but in recent years it has come to a head as B&J’s seeks to advocate for one-sided, highly controversial, and polarizing topics that put Unilever, B&J’s, and their employees at risk.”
In 2022, Unilever sold its Ben & Jerry’s property rights to a local distributor in Israel, who resumed selling the ice cream products in eastern Jerusalem and the West Bank with Hebrew and Arabic labeling. Ben & Jerry’s sued Unilever for its actions. The 2022 lawsuit ended with a settlement agreement that requires Unilever to “respect and acknowledge the Ben & Jerry’s Independent Board’s primary responsibility over Ben & Jerry’s Social Mission and Essential Brand Integrity” and “work in good faith with the Independent Board to ensure that both are protected and furthered.”
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