LONDON, March 23 - A court has ruled that the Ben & Jerry’s Foundation may join ongoing litigation that challenges its ultimate parent, The Magnum Ice Cream Company, on issues tied to contractual commitments and the foundation's institutional independence.
The Foundation, a non-profit financed by the Ben & Jerry’s ice cream brand, said the ruling clears the way for it to become a party to the case after Magnum allegedly stopped providing the foundation with funding. The decision was described by the foundation as a key step in enabling it to defend its autonomy.
Unilever retains a 19.9% stake in Magnum. Magnum itself was created when the consumer goods conglomerate spun off its ice cream business in December.
Directors serving on Ben & Jerry’s independent board - now under Magnum’s ownership - have mounted a challenge to Magnum’s moves to appoint new directors to the company, asserting that those actions amount to corporate overreach. The dispute is part of a broader legal fight that has been active since 2024, with Vermont-based Ben & Jerry’s and its independent board contesting Unilever and now Magnum in a U.S. District Court in New York. The parties are disputing what Ben & Jerry’s and its board characterise as efforts to weaken the company’s declared social mission and the board’s decision-making independence.
The foundation said in its statement that it sought to intervene in the litigation after payments from Magnum ceased. It framed the court’s authorization to join the suit as instrumental to preserving the Foundation’s ability to operate and protect its 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," Liz Bankowski, President of the Ben & Jerry’s Foundation Board of Trustees, said in a statement.
Magnum responded by reiterating its commitment to Ben & Jerry’s and stating that it would continue to provide financial support to the foundation. In a separate statement, Magnum said updates it has taken to Ben & Jerry’s corporate governance are consistent with the merger agreement and with standard corporate governance practices across the organisation. ‘‘Suggesting our actions are anything more is just not true; they are not and never have been,’’ the company said.
Founded in 1985, the Ben & Jerry’s Foundation channels contributions from Ben & Jerry’s to other non-profit organisations. The foundation’s stated areas of grantmaking include racial equity and environmental protection.
Context note: The court ruling allows the Foundation to join the litigation but does not itself resolve the underlying disputes about governance, funding or the extent of board autonomy.