Ben & Jerry’s Foundation Wins Right to Join Legal Battle Against Parent Company

The nonprofit organization behind Ben & Jerry’s ice cream has secured a court victory allowing it to participate in a legal dispute with its parent company over independence and financial support.

On Monday, the Ben & Jerry’s Foundation announced it received judicial approval to enter an existing lawsuit against The Magnum Ice Cream Company, which became the ice cream maker’s ultimate owner following a corporate restructuring in December. Unilever maintains a minority ownership of 19.9% in Magnum after spinning off its frozen dessert division.

The legal battle centers on disagreements between Ben & Jerry’s independent board members and Magnum’s leadership regarding new director appointments and what the board considers excessive corporate control.

The dispute has been ongoing since 2024, with Vermont-headquartered Ben & Jerry’s and its autonomous board taking legal action in New York’s U.S. District Court. They allege that both Unilever and subsequently Magnum have attempted to weaken the brand’s commitment to social causes and reduce the board’s decision-making authority.

The foundation decided to enter the litigation after Magnum ceased providing financial support. Foundation officials described the court’s decision as a crucial victory for protecting their organizational independence.

“This is about more than a contract, it’s about whether a corporation can weaponise a governance structure and withhold funding when prior commitments and values become inconvenient,” stated Liz Bankowski, President of the Ben & Jerry’s Foundation Board of Trustees.

Magnum responded by reaffirming its dedication to the Ben & Jerry’s brand and pledged continued financial support for the foundation’s operations.

“The recent steps to update Ben & Jerry’s corporate governance are wholly aligned with the merger agreement and standard corporate governance across the organisation; nothing more than that,” Magnum declared. “Suggesting our actions are anything more is just not true; they are not and never have been.”

Established in 1985, the Ben & Jerry’s Foundation receives financial contributions from the ice cream company to support various charitable organizations working on causes including racial justice and environmental conservation.