Skip to content
Search
AI Powered
Latest Stories

US judge weighs Ben & Jerry's claims against Unilever over Israeli business

US judge weighs Ben & Jerry's claims against Unilever over Israeli business
Photo by EMMANUEL DUNAND/AFP via Getty Images
AFP via Getty Images

A US judge on Monday appeared skeptical that Ben & Jerry's deserved an immediate injunction against its parent Unilever to restrict the marketing of its ice cream in the Israeli-occupied West Bank, which Ben & Jerry's said was against its values.

US District Judge Andrew Carter said at a court hearing in Manhattan that he was unsure Ben & Jerry's had shown it faced "imminent harm" following Unilever's June 29 sale of the ice cream maker's Israeli business to local licensee Avi Zinger.


The unusual dispute shows the challenges Unilever faces as it encourages its brands, which number more than 400, to have social missions that the company says help drive sales.

Ben & Jerry's independent directors sued Unilever on July 5, nearly a year after the maker of Half Baked and Cherry Garcia faced a backlash by deciding to end sales in Israeli-occupied Palestinian territories because it was "inconsistent" with its values. Although the lawsuit also sought to stop the sale altogether, Monday's hearing focused on whether Ben & Jerry's deserved a temporary injunction barring Zinger from selling new or rebranded products, using its English language trademarks.

Ben & Jerry's lawyer Shahmeer Halepota said in court that Zinger could produce new products with the "exact opposite stance," causing consumer confusion.

"Instead of Peace Pops, you could make 'Tank Pops,'" Halepota said, and shoppers would see both walking down a grocery store aisle.

The judge did not immediately rule, but told a Ben & Jerry's lawyer: "I don't hear anything saying that there is anything imminent. It doesn't seem ... anything's going to happen in the next couple of weeks."

He did not say when he would rule.

When Unilever bought Ben & Jerry's in 2000, it let the brand's board retain primary responsibility to oversee the ice cream maker's social mission. Ben & Jerry's board said the sale to Zinger undermined its right to do that. The two Unilever appointees dissented.

"This is an American institution that for the last 40 years has built its credibility on this authenticity of social mission," Halepota said.

Unilever, in contrast, has said it retained the right to make operational decisions for Ben & Jerry's, and that the sale could not be undone because it has irrevocably closed.

"There is just no reason to believe ... that the continued sale of ice cream could cause irreparable harm," Unilever's lawyer David Marriott said.

Ben & Jerry's sales topped €1 billion (£840 million) for the first time last year.

Jeff Furman, who helped build the business and served on Ben & Jerry's board for about 40 years, said the company hadn't sued Unilever before, but once considered it after finding quality issues in the ice cream, which were later resolved.

"We have our fingers in - that's part of the job - to be vigilant and concerned about everything," he said.

Last week, Ben & Jerry's said Unilever had frozen compensation for the independent directors.

Before Monday's hearing, two weeks of mediation to reach an out-of-court settlement broke down.

More for you

Britvic growth in annual revenue and profits

Strong numbers for Britvic

Britvic, the soft drinks manufacturer set to be acquired by Carlsberg, has posted robust annual results after investment in marketing and product innovation helped it maintain demand for its brands.

Over the year to Sept 30, the company’s pre-tax profits climbed 10.5 per cent to £173.2 million despite a £21.3m hit related to the proposed Carlsberg deal. Britvic stated that its growth was driven by both volume and price-mix, with strong demand for brands such as Pepsi, Tango, Lipton, MiWadi and Ballygowan.

Keep ReadingShow less
Met Police identifies four suspects in Post Office Horizon scandal

Met Police identifies four suspects in Post Office Horizon scandal

The Metropolitan Police has identified two new suspects in its investigation into possible criminal offences as part of the Post Office Horizon scandal. This takes the total number of individuals to four as the force also revealed it believes more suspects will be identified as the inquiry progresses.

Scotland Yard said members of the investigation team met with Sir Alan Bates, the leading Post Office campaigner, and fellow victims to update them on the development.

Keep ReadingShow less
Discover Britain's top hotspots for independent shops

(Photo by Chris J Ratcliffe/Getty Images)

Discover Britain's top hotspots for independent shops

New research by American Express Shop Small reveals the nation’s top 10 hotspots for independent shops, showcasing the small businesses and the valuable role they plan in their local communities.

American Express partnered with retail experts GlobalData to identify the top high streets for independent shops through ranking factors such as the number of independent outlets, variety of business types, and vibrancy of the high street.

Keep ReadingShow less
'Walkable high streets boost economy'
(Photo by Christopher Furlong/Getty Images)
Getty Images

'Walkable high streets boost economy'

Shoppers who walk and wheel spend more than those arriving by car, states a recent report, demonstrating the significant economic and social benefits of investing in walkable town centres, challenging traditional views on urban accessibility.

The findings published in third edition of "The Pedestrian Pound Report", recently published by Living Streets, the UK charity for everyday walking, come at a critical juncture for British high streets, with a record number of retail failures in 2022 and a vacancy rate of nearly one in seven by the end of 2023.

Keep ReadingShow less
Yvette Cooper

Home secretary Yvette Cooper speaking at the annual conference hosted by the NPCC and APCC on 19 November 2024

Photo: GOV.UK

Home secretary pledges to restore neighbourhood policing

Home secretary Yvette Cooper has announced plans to rebuild neighbourhood policing and combat surging shop theft as part of an ambitious programme of reform to policing.

In her first major speech at the annual conference hosted by the National Police Chiefs’ Council and Association of Police and Crime Commissioners on Tuesday, Cooper highlighted four of the key areas for reform: neighbourhood policing, police performance, structures and capabilities, crime prevention.

Keep ReadingShow less