Ben & Jerry’s currently finds itself in the midst of a legal battle and internal discord. Co-founder Jerry Greenfield has announced his planned retirement after 47 years, saying that the company’s activism on social issues has been suppressed. In response, the ice cream company has filed a lawsuit against its parent company, Unilever. In particular, they charge Unilever with undermining their work to promote social justice, including around the escalation of violence and humanitarian crisis that continues today in Gaza.
Ben & Jerry’s lawsuit, filed in federal court in New York, is a challenge to the underlying justification for that law. They allege that Unilever prevented them from issuing press releases and social media campaigns around the key issues they foreseemed during President Donald Trump’s second term. This legal action underscores a growing rift between the two entities, one that has been brewing for quite a while.
Unilever’s decision to oust longtime Ben & Jerry’s CEO David Stever on March 3 has only added to the flame. According to Ben & Jerry’s merger agreement with Unilever, any CEO removal must involve consultation with an advisory committee from Ben & Jerry’s board. Yet Greenfield argues that this protocol was ignored and the company’s relocation decision was a response to the company’s social justice activism.
“Standing up for the values of justice, equity, and our shared humanity has never been more important, and yet Ben & Jerry’s has been silenced, sidelined for fear of upsetting those in power,” – Jerry Greenfield.
Greenfield had already sounded a strong alarm about Ben & Jerry’s independence deteriorating. He’s concerned that the company is losing its capacity to be a first responder to pressing social challenges. He stressed that their mission has always been about more than just selling ice cream. The company has a long history of advocating for equity and justice, often using its platform to address real-world issues.
“For more than 20 years under their ownership, Ben & Jerry’s stood up and spoke out in support of peace, justice and human rights, not as abstract concepts, but in relation to real events happening in our world,” – Jerry Greenfield.
In 2021, Ben & Jerry’s made headlines for standing up to the Israeli government. The firm announced its commitment to cease business activity in Israeli settlements in the occupied West Bank and contested East Jerusalem. After backlash over the occupation, the company ultimately sold its Israeli business to a local firm. This firm will be selling Ben & Jerry’s products using both Hebrew and Arabic names all over Israel and the West Bank. This move sparked significant controversy and backlash.
In spite of these challenges, Greenfield lauded the merger of Ben & Jerry’s with Unilever. It was instrumental in helping grow the brand’s social mission and values, he noted. He says this independence now has his hands tied.
“That independence existed in no small part because of the unique merger agreement Ben and I negotiated with Unilever, one that enshrined our social mission and values in the company’s governance structure in perpetuity. It’s profoundly disappointing to come to the conclusion that that independence, the very basis of our sale to Unilever, is gone,” – Jerry Greenfield.
Naturally, Unilever is in the midst of demanding restructuring. By the end of 2025, the company has already vowed to spin off its ice cream business, including the much-loved Ben & Jerry’s. The controversial ice cream brand is once again facing criticism for its recent pro-police activities. This announcement comes at an interesting time for the private company.
A spokesperson for Magnum, Unilever’s ice cream division, stated: “We disagree with his perspective and have sought to engage both co-founders in a constructive conversation on how to strengthen Ben & Jerry’s powerful values-based position in the world.”
As Greenfield prepares to pass the baton from the not-so-little start-up he helped create, he reflects. He understands the importance of taking a stand for what you believe, even at great peril.
“It’s easy to stand up and speak out when there’s nothing at risk. The real test of values is when times are challenging and you have something to lose,” – Jerry Greenfield.
