Judge narrows Ben & Jerry’s lawsuit over alleged silencing of activism

A U.S. federal judge has dismissed most claims in a lawsuit filed by Ben & Jerry’s against Unilever PLC, alleging that Unilever attempted to suppress the ice cream maker’s social activism and dismantle its independent board. U.S. District Judge Kevin Castel in Manhattan dismissed seven claims and part of an eighth from the 10-count complaint.

The dismissed claims primarily concerned the ice cream maker’s operations and governance. Two claims involving alleged missed payments survived in full, while part of a claim challenging new eligibility requirements for independent board directors may also proceed. The lawsuit gained traction after Ben & Jerry’s stopped selling products in the Israeli-occupied West Bank in 2021 and accused Unilever of censoring statements related to the war in Gaza, removing a CEO who supported the brand's activism, and blocking planned criticism of President Donald Trump.

Unilever denied these allegations and said the former executive resigned voluntarily. Ben & Jerry’s also alleged that Unilever breached a 2022 settlement involving its trademark rights in Israel by failing to provide $2.5 million to the company and $2 million for Palestinian almond farmers. The judge ruled that the 2000 agreement between Unilever and Ben & Jerry’s did not give the independent directors or the Ben & Jerry’s Foundation the right to sue on the company’s behalf.

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