Ben & Jerry’s – the famous ice cream known for social activism – filed a suit against Unilever on Wednesday, accusing it of censorship, threats and threatening its own parent company.
Unilever is accused of trying to demolish Ben & Jerry’s independent board in order to stop its advocacy for Palestinian refugees during the war on Gaza.
The legal action highlights the growing rift that has developed between these two companies since Ben & Jerry decided to halt its sales of ice cream in the Israeli-occupied West Bank in 2021, citing an inconsistency in their values.
Unilever is accused of trying to stifle Ben & Jerry’s attempts to show solidarity with Palestinians refugees, to support US students protesting against the civilian deaths in Gaza and to call for an ending to US military assistance to Israel.
The lawsuit states that “Unilever silenced all of these efforts.”
Unilever’s response was that they would “strongly” defend themselves against these accusations and dismiss the claims of Ben & Jerry’s Social Mission Board.
Ben and Jerry’s founders: Support Israel, but not its entire policies
Ben & Jerry’s has announced that it will stop selling ice-cream in Israeli-occupied territory by 2021. This announcement has sparked a significant backlash.
Unilever suffered financial consequences, such as the divestment by US pension funds of their shares and shareholder suits.
Bennett Cohen, Jerry Greenfield and their company have expressed views about topics like environmental sustainability, economic inequalities, and peace initiatives.
In a New York Times 2021 article, the founders of both companies, “proud Jews”, stated that they support Israel but oppose certain policies. This is similar to their criticism of US policy.
History of conflict and activism
Ben & Jerry’s is known for its bold stances taken on social and political issues since the 1980s.
First, the company advocated for reduced US military expenditures and opposed the Gulf War of 1991.
The brand has been a leader in many issues over the years, such as climate change, marriage, equality, racial injustice, and criminal justice reform.
Ben & Jerry’s publically supported same-sex relationships in 2013, launching a flavor called “Apple Pie” to show its support.
Ben & Jerry released a statement titled We Must Destroy White Supremacy following George Floyd’s murder and subsequent Black Lives Matter demonstrations in 2020.
The statement called on the US Congress, HR 40 to study the effects of discrimination and slavery.
“More recently, after the US Presidential election results were announced, the Ice Cream maker issued a detailed press release titled, ‘The 2020 Election is Over, but The Work Isn’t’, reiterating their support for causes like access to abortions, stricter gun laws and stopping arms sales to Israel among other things.”
It said: “Ben & Jerry’s continues to support unapologetically the advocates that champion the above-mentioned agenda, regardless of who is in the Oval Office.”
Statista’s HTML0 report shows the unit sales for the top ice cream brands expected to be sold in the United States by 2023.
Ice cream flavors as a way to make a statement
Ben & Jerry’s uses creative methods to amplify their messages. This includes special flavors that have political overtones.
The company created Rainforest Crunch in 1988 to help support Amazonian nuts cooperatives.
The Peace Pop was also launched in 1988. It promoted 1% For Peace, a non-profit founded by Ben & Jerry’s to promote international peace efforts.
Pecan Resist was a protest against President Trump’s policies on racial equity and gender equality, climate change and LGBTQ rights.
This flavor was created in collaboration with Black businesses to support US Representative Cori bush’s Police Reform Bill.
Star Spangled Ice Cream was formed by conservatives in response to the liberal stance of the company on the Iraq War. They marketed it as a conservative version of Ben & Jerry’s.
The new entrant played on conservative concepts with flavors such as “Smaller Governmint”, “Navy Battle Chip” and other variations.
Corporate activism is a growing trend
Even the company’s leadership is committed to social justice.
Christopher Miller, the head of global advocacy strategy at Ben & Jerry, explained in a Harvard Business Review 2021 interview that the team works closely with marketing so as to align the advocacy with the brand voice.
A dedicated team manages the company’s activist efforts. This activity increases during important social and political moments.
Ben & Jerry’s approach is in contrast to the cautious responses of many corporate brands.
Ben & Jerry’s, unlike most other companies that try to stay out of controversy, has built a reputation for activism over the years through their unwavering dedication.
We believe that business is one of the most influential entities in our society. Our belief is that businesses have an obligation to leverage their influence and power to promote the greater good. We’ve come to realize that business has a spiritual component, as does life. In the NYT, the founding members said that “as you give you will receive”.
Brickbats and bouquets
Ben & Jerry’s activism is not without consequence.
Unilever’s decision to stop sales in West Bank by 2021 had financial consequences, such as the divestment and lawsuits of US pension funds.
Thirty US states have regulations that prohibit pension funds investing in firms who refuse to do business with Israel.
Texas’s comptroller for public accounts is responsible for the management of billions of dollars in assets held by public pension funds. If found to be violating these laws, he took action to blacklist Ben & Jerry’s.
The president of Israel also called it “a new form of terrorism”, which would “have serious consequences” for this company.
While many customers appreciate the commitment of this company to progressive values and ideals, other consumers view their actions as too political.
This has led to boycotts, and debates on the role corporations play in political and social issues.
Some critics believe that Ben & Jerry’s participation in international politics compromises the neutrality and integrity of businesses, while others say companies should advocate social change using their platforms.
In many instances, the skepticism of corporate activism is well-founded, given its performance and minimal impact. “But sometimes this kind of activism may be all that we have”, said Nesrine Maki, a Guardian journalist in an article from 2021.
She said that “Ben & Jerry’s most likely conducted a rational analysis of the costs and benefits, which found that a similar move could harm but not destroy their company.”
As updates occur, this post Ben & Jerry’s Corporate Activism: The Many Flavors of Ben & Jerry’s may change.
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