Frosty Battle Between Ben & Jerry’s and Unilever Takes a New Twist as Ice Cream Brand Claims Ex-CEO Was Ousted Over Social Activism

Ben & Jerry’s is suing its parent company, Unilever, for allegedly breaching the terms of its merger agreement by ousting the ice cream brand’s chief executive over his left-wing political activism. In an amended complaint filed in New York on Tuesday night, the Vermont-based ice cream brand claimed that Unilever criticized former chief executive, David Stever, during his most recent annual performance review for “repeatedly acquiesce[ing] to the demands of the Independent Social Mission board.” The parent company then fired Mr. Stever — without approval from an independent board — over his “commitment to Ben & Jerry’s Social Mission and Essential Brand Integrity” and not due to “any genuine concerns regarding his performance history,” the filing states. Ben & Jerry’s lawyers claim that such a move violated a stipulation in its 2000 merger with Unilever that “protects Ben & Jerry’s interests by precluding the unilateral removal of its CEO.” The filing further accuses Unilever of blocking the brand from issuing a post related to Black History Month and dashing its efforts to publicly support the anti-Israel protester who was recently arrested by immigration officials, Mahmoud Khalil. Ben & Jerry’s lawyers argue that Unilever’s “suppression” has reached “startling new levels of oppressiveness — and irony.” The filing marks the latest development in the long-standing conflict between London-based holding company and the ice cream brand which has, since its founding in 1978, touted a commitment to racial justice, LGBTQ rights, refugee rights, climate justice, and other liberal issues. Ben & Jerry’s is known to showcase its progressive mission through pun-filled flavors like “Imagine Whirled Peace,” “Empower Mint,” “Change the Whirled,” and even “I Dough, I Dough” — which was launched in 2015 to celebrate the Supreme Court’s marriage equality ruling. Unilever, which bought Ben & Jerry’s in 2000, agreed to allow the ice cream brand to maintain its social mission, but stipulated that it would have the final say on matters related to operations and finances. The relationship took an icy turn in 2022 when Ben & Jerry’s tried to halt sales in the West Bank and East Jerusalem in a protest of the Israeli government that ultimately failed. Following months of legal proceedings, Unilever and Ben & Jerry’s agreed on a settlement that ordered the parent company to respect the ice cream brand’s social mission and brand integrity and “work in good faith with the Independent Board to ensure that both are protected and furthered.” Though the relationship continued to frost and in November 2024, Ben & Jerry’s filed a lawsuit against Unilever for allegedly silencing the ice cream brand from publicly commenting on political issues like the war in Gaza. According to the filing, Unilever barred the company on four occasions from calling “for peace and a permanent and immediate ceasefire” in Gaza, voicing support for anti-Israel protestors on college campuses, and endorsing Senator Sanders’ effort to end American military aid to Israel. “Unilever has repeatedly failed to recognize and respect the Independent Board’s primary responsibility over 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,” the lawsuit stated. “The Independent Board initiates this litigation to protect Ben & Jerry’s three-part mission from Unilever’s unilateral erosion and to safeguard the company from Unilever’s repeated overreaches.”Unilever, responding to a request for comment from the Sun, said on Thursday that “we are disappointed that the confidentiality of an employee career conversation has been made public,” but that, “in line with the terms of the acquisition agreement, decisions on the appointment, compensation and removal of the Ben & Jerry’s CEO will be made by Unilever after good faith consultation and discussion” with the Independent Board of the ice cream maker. .

Frosty Battle Between Ben & Jerry’s and Unilever Takes a New Twist as Ice Cream Brand Claims Ex-CEO Was Ousted Over Social Activism

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