After the 'genocide' claim in Gaza and the boycott of Judea and Samaria: The blow to Ben & Jerry's

Ben & Jerry's spoke out against the war in Gaza, claimed that food giant Unilever tried to censor the brand, and filed a massive lawsuit. A federal court in the US dismissed seven of the lawsuit's counts last Friday.

In the lawsuit filed by Ben & Jerry's against Unilever, it is claimed that the corporation tried to limit the ice cream company's social and political activity, dismantle its independent board of directors, and stop funding for the brand's philanthropic foundation.

Federal Judge Kevin Castel of the Manhattan court dismissed seven claims out of a complaint that included ten counts, as well as part of another count. In his decision, the judge determined that the language of the 2000 merger agreement does not grant the independent directors or the Ben & Jerry's foundation the right to file a lawsuit on behalf of the company on issues related to the appointment and removal of officers. Furthermore, it was determined that the Magnum company, which has owned the brand since the ice cream division split from Unilever, will replace Unilever as the primary defendant in the case.

Criticism of Gaza and boycott of Judea and Samaria

The conflict between the parties ignited following Ben & Jerry's claims that Unilever violated the acquisition agreement and restricted its freedom of speech, including on issues related to protests against the war in Gaza — against the backdrop of the ice cream company's statement that the war in Gaza is a "genocide."

It was further claimed that Unilever fired a CEO who supported the brand's social activity and tried to prevent planned criticism against President Donald Trump.

The relationship between the companies began to deteriorate back in 2021, after Ben & Jerry's announced it would stop selling its products in Judea and Samaria. Subsequently, Unilever sold the franchise in Israel to a local franchisee who allowed the continued sale of the ice cream throughout the country. A few months ago, the ice cream company launched "Milk and Honey" in Israel — a new ice cream whose ingredients all come from the south and the Gaza Envelope. It is a cream ice cream with vanilla, honey, and fudge pieces in the shape of a Star of David.

Last year, it was reported that Ben Cohen, one of the founders of the ice cream brand, claimed that the parent company Unilever blocked an initiative to launch a new flavor that would have carried a message of "solidarity with Palestine."

The legal process continues

Despite the dismissal of most of the claims dealing with the management of the company, the judge allowed the legal proceedings to continue regarding two claims dealing with payments that Ben & Jerry's claims were not transferred to it. This concerns a 2022 settlement that includes $2.5 million to the company and another $2 million to support Palestinian almond farmers. Magnum welcomed the decision to reduce the scope of the case and stated that the brand continues to thrive.