Ben & Jerry’s on Monday lost its bid to block its parent company Unilever from selling its ice cream in West Bank settlements, which the US company said would go against its values.
Known for its political activism, the company took the unusual step of seeking an injunction after London-based Unilever announced it had sold its stake in the ice cream to an Israeli licensee.
However, a US federal judge ruled Monday that the ice cream company had “failed to prove” that trying to sell the goods in the Israeli-held settlements had caused it “irreparable damage.”
Last July, Vermont-based Ben & Jerry’s announced it would no longer sell its ice cream in the Palestinian territories that the Jewish state confiscated in 1967, saying it was “inconsistent with our values,” though it said , it would continue to sell its products in Israel.
However, contrary to the company’s decision, Israeli licensee Avi Zinger continued to produce the ice cream at its factory in the Tel Aviv suburbs and distribute it to Israeli settlements.
Hundreds of thousands of Jewish settlers live in the occupied West Bank and East Jerusalem in communities widely considered illegal under international law.
On July 5, Ben and Jerry’s asked that any agreement permitting the distribution or sale of its products in the West Bank be terminated and that all further such transactions give the board the go-ahead.
Unilever’s decision was “made without the consent of Ben & Jerry’s independent board of directors” and violated the merger agreement, which gave the board the ability to protect the values and reputation of the founder, the complaint said.
But US District Court Judge Andrew Carter Jr. in Manhattan said the idea that the company’s message could be compromised or customers confused about its core values is “too speculative.”
Founded in 1978 in the United States, Ben & Jerry’s is known for its commitment to progressive causes, including protecting the environment and promoting human rights, and has often released specialty ice cream flavors to support causes or in protest.
Ben & Jerry’s was contacted by AFP on Monday and declined to immediately comment on the decision.
Unilever did not respond to an AFP request for comment.
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