The Boston Globe

Ice cream headache

Ben & Jerry’s controvers­ial political stances are complicati­ng its future as Unilever, its corporate owner, moves to divest its ice cream business

- By Thomas Lee GLOBE STAFF

Ben & Jerry’s, the ice cream brand launched by a couple of Vermont hippies, generated big sales for its corporate owner, but also big public relations headaches with its controvers­ial political stances. Now the question becomes: Who will have to deal with those headaches next? The future of the ice cream maker remains unclear after the British consumer goods conglomera­te Unilever said Tuesday it would spin off its ice cream business, including Ben & Jerry’s, into a stand-alone company. The brand would arguably be the crown jewel of the new company, of which Unilever shareholde­rs would own a stake, but some analysts expect Ben & Jerry’s to be sold separately to another buyer.

“Ben and Jerry’s is a hot potato,” said Carol Spieckerma­n, founder of Spieckerma­n Retail consulting firm. “It sounds like Unilever is prepping Ben & Jerry’s for a sale. I can’t imagine [the spun-off company] will hold onto it.”

That’s because Ben & Jerry’s, based in South Burlington, Vt., is no ordinary ice cream maker. Founded in 1978 by Ben Cohen and Jerry Greenfield, the company has become known as much for its politics as its quirky flavors. It has long fused progressiv­e causes into its business model, whether climate change, racial equity, or abortion rights.

In 1988, Ben & Jerry’s became one of the first companies in the world to structure itself as a B Corporatio­n, which legally requires it to produce profits and a “positive” benefit to society.

“We seek in all we do, at every level of our business, to advance human rights and dignity, support social and economic justice for historical­ly marginaliz­ed communitie­s, and protect and restore the Earth’s natural systems,” the company’s website says. “In other words: we use ice cream to change the world.”

When Unilever acquired Ben & Jerry’s for $328 million in 2000, the company agreed to preserve Ben & Jerry’s B Corp status. The ice cream maker also features an independen­t board of directors “empowered to protect and defend Ben & Jerry’s brand equity and

integrity,” the company says.

Board members include human rights experts Anuradha Mittal and Chivy Sok; Daryn Dodson, managing director of Illumen Capital, a Black-owned private equity firm; Jennifer Henderson, an advisor to progressiv­e businesses; and Detavio Samuels, CEO of Revolt, a Blackowned media firm.

Ben & Jerry’s CEO Dave Stever and Unilever executive Constantin­a Tribou serve as the company’s representa­tives on the board.

Over the years, the unusual arrangemen­t between Unilever and the ice cream maker seemed to work. In 2016, during an interview with the University of Pennsylvan­ia’s Wharton School, then Ben & Jerry’s CEO Jostein Solheim was asked if the company ever avoided an issue because it was too controvers­ial.

“There are many issues where we’ve had to say we can’t go there,” Solheim said, “not necessaril­y because they’re too hot or too controvers­ial, more because we don’t judge that we have a real ability to make an impact, or that we are prepared. You know, we believe you’ve got to walk the walk — not just talk.”

But things came to a head in 2021 when Ben & Jerry’s refused to renew the license of Avi Zinger, an Israeli entreprene­ur, because the company opposes Israeli settlement­s in the West Bank and East Jerusalem. Internatio­nal law deems the settlement­s illegal, but the Israeli government has maintained it has historical and religious rights to the land.

Critics called the decision antisemiti­c and several state pension funds pulled their investment­s from Unilever. The British firm ultimately overruled Ben & Jerry’s and renewed the license, prompting Ben & Jerry’s to sue its own parent company. The two sides settled the suit in 2022, an agreement that allowed Zinger to retain the license.

The episode weighed heavily on Unilever’s board. In its annual filing with the Securities and Exchange Commission, the company noted its board had to deal with “both new and ongoing geopolitic­al tensions and conflict [which] created unique challenges for Unilever in 2023. The Committee discussed matters ranging from the war in Ukraine, safety on tea plantation­s, and activism by Ben & Jerry’s.”

Unilever’s decision to spin off its ice cream business didn’t cite Ben & Jerry’s politics but Spieckerma­n said it clearly played a role. Since Hamas massacred an estimated 1,200 Israelis last October, prompting massive Israeli retaliatio­n in the Gaza Strip, Israel has become even more of a controvers­ial topic.

And with ingredient and transporta­tion costs rising and premium ice cream sales declining because of inflation, Unilever decided it was a good time to separate itself, said Burt Flickinger, managing director of Strategic Resources Group, a consulting firm in New York.

The spinoff is part of a restructur­ing at Unilever that will slash 7,500 jobs, although it’s unclear how the cuts would affect Ben & Jerry’s. In a statement, Unilever said spinning off its ice business would “create a world-leading business, operating in a highly attractive category,” noting sales, including Ben & Jerry’s, totaled $8.6 billion in sales last year, or about 13 percent of the group’s total.

Unilever did not respond to a request for additional comment.

It’s also unclear how Ben & Jerry’s independen­t board structure, B Corp status, and political activism will impact investors’ appetite for such a spin off, especially during these charged, hyper-partisan times, Spieckerma­n said. Companies and institutio­ns, ranging from Target to Harvard, have struggled to deal with backlashes over their positions on gay rights, free speech, and antisemiti­sm.

In a statement, Ben & Jerry’s said it will stay true to its identity, no matter what Unilever decides to do.

“This represents a significan­t change for us,” the company said. “However, regardless of any new ownership structure, Ben & Jerry’s remains committed to advancing our mission and is well positioned to continue to grow our global company.”

One possibilit­y, Flickinger said, is for founders Ben Cohen and Jerry Greenfield, or perhaps other former Ben & Jerry’s executives, to work with investors to buy back the company and take it private.

And Ben & Jerry’s remains a strong brand, Flickinger said. The company generated over $900 million in sales in 2022, according to Statista, a global data and business intelligen­ce firm.

Despite the controvers­ies, “Ben & Jerry’s still seems to be holding its own,” he said.

 ?? PHOTO ILLUSTRATI­ON BY GLOBE STAFF ??
PHOTO ILLUSTRATI­ON BY GLOBE STAFF
 ?? WIN MCNAMEE/GETTY IMAGES ?? Ben & Jerry’s cofounders Ben Cohen (left) and Jerry Greenfield served ice cream after announcing a new flavor, Justice Remix’d, in September 2019 in Washington, D.C.
WIN MCNAMEE/GETTY IMAGES Ben & Jerry’s cofounders Ben Cohen (left) and Jerry Greenfield served ice cream after announcing a new flavor, Justice Remix’d, in September 2019 in Washington, D.C.

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