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Unilever and Ben & Jerry’s settle legal dispute over ice cream sales in West Bank

Ben & Jerry's Unilever lawsuit Israel Palestine ice cream - REUTERS/Andrew Kelly/File Photo
Ben & Jerry's Unilever lawsuit Israel Palestine ice cream - REUTERS/Andrew Kelly/File Photo

Unilever has settled its lawsuit with Ben & Jerry’s, bringing to an end an 18-month dispute over ice cream sales in occupied Palestinian territories.

In a brief statement posted online, the consumer goods giant said it was “pleased to announce that the litigation with Ben & Jerry’s Independent Board has been resolved”.

It declined to offer any details about the resolution. Ben & Jerry’s declined to comment.

Unilever has been locked in a court battle with the Ben & Jerry’s board, which was made independent as part of a takeover agreement in 2000, since July.

The US ice cream company objected to the sale of the brand’s interests in Israel to local licensee Avi Zinger. The deal meant that Ben & Jerry’s products could be stocked in shops in Israeli-occupied West Bank.

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In a complaint filed at a US district court, Ben & Jerry’s said the sale conflicted with the brand’s “core values”.

It also argued that the deal breached the terms of the agreement made in 2000, as Unilever did not secure the approval of the independent board. Unilever argued that it had the right to make the arrangement.

In an update to the lawsuit in September, Ben & Jerry’s said it was seeking damages and wanted the trademarks returned. It also wanted to block Mr Zinger from selling the ice cream in the West Bank.

In a statement on Thursday, Mr Zinger, the owner of American Quality Products, said his deal to acquire the Israeli rights remained in place.

He said: “I am pleased that the litigation between Unilever and the independent Board of Ben & Jerry’s has been resolved.

“There is no change to the agreement I made with Unilever earlier in the year. I look forward to continuing to produce and sell the great tasting Ben & Jerry’s ice cream under the Hebrew and Arabic trademarks throughout Israel and the West Bank long into the future.”

The agreement brings to an end a long-running saga that put Unilever in the firing line of Ben & Jerry’s political activism.

Ben & Jerry's announced in July last year that it would no longer sell its ice cream in the Israeli-occupied Palestinian territories, which the Jewish state seized in 1967, saying that it would be “inconsistent with our values” to continue doing so.

Hundreds of thousands of Jewish settlers live in the occupied West Bank and east Jerusalem, in communities widely regarded as illegal under international law.

Palestinians had celebrated the move, hailing it as a victory in the BDS movement, which calls for boycott, divestment and sanctions of the Jewish state.

But Mr Zinger continued to produce the ice cream in his factory in the suburbs of Tel Aviv, and the sale meant Ben & Jerry’s was forced to abandon its boycott.

Announcing the end of the boycott, Unilever said that “antisemitism has no place in society”.

Ben & Jerry’s, which was founded in Vermont in 1978, is known for adopting stances on political issues, championing causes including protecting the environment and defending LGTBQ+ and refugee rights.

A statement on the brand’s website reads: “We love making ice cream – but using our business to make the world a better place gives our work its meaning.”