Ice cream giant Ben & Jerry’s has failed in its bid to halt the sale of its ice cream in the West Bank.
The US brand sued its parent company Unilever over a deal that allowed Ben and Jerry's products to be sold across Israel and the West Bank.
On Monday a New York federal judge blocked the company’s demand for a preliminary injunction against the deal, which saw CEO Avi Zinger buy the Israeli arm of the business earlier this year.
The judge ruled that the company had “failed to demonstrate” that Unilever’s decision to sell its Israeli operations to a local franchisee would cause it “irreparable harm”.
Last July Ben & Jerry’s announced it would cease sales of its ice cream in what it defines as “the Occupied Palestinian territories” arguing that operating there is “inconsistent with our values”. However they confirmed that they would continue to sell and operate in Israel.
The company, which has become known for its progressive politics, has maintained that it is a “values-led company with a long history of advocating for human rights, and economic and social justice.”
Ben and Jerry’s founders struggle to explain their West Bank boycott pic.twitter.com/CoJEv5wCj0
— The Jewish Chronicle (@JewishChron) October 11, 2021
The announcement to stop selling goods in the West Bank provoked several protests from anti-BDS activists, including at Unilever's London HQ.
According to Ben and Jerry’s website, the company “recognise the definition of the OPT (Occupied Palestinian territories) as defined by the United Nations,” which includes the Gaza Strip and the West Bank, including East Jerusalem.
Throughout the legal disputes, Israeli license-holder, Avi Zinger continued to produce the ice cream in his Tel-Aviv-based factory for distribution across Israel and settlements in the West Bank.
In July this year, Ben and Jerry’s board voted to sue parent company Unilever, arguing that any agreement permitting the distribution or sale of its products in the West Bank be dissolved. They also attempted to stipulate that such transactions must be approved by its board of directors in the future.
Ben & Jerry’s has argued that Unilever’s decision to grant Zinger the business was “made without the consent of Ben & Jerry’s Independent Board” and violated their 2000 merger agreement.
However, Southern New York district court judge Andrew Carter Jr disagreed and said on Monday that the company’s claim that customers could be confused over the firm’s core values was “too speculative”.
