The Ben & Jerry’s Israel distributor filed a lawsuit against Unilever and Ben & Jerry’s on March 3, alleging that Unilever wrongfully terminated their contract over the Ben & Jerry’s boycott of Israel.
The 37-page suit, which was obtained the Journal, was filed by Avi Zinger, who heads American Quality Products (AQP) and has been distributing Ben & Jerry’s throughout Israel for 34 years. The lawsuit stated that under a 2004 agreement between AQP, Unilever and Ben & Jerry’s, Zinger had the full authority to sell Ben & Jerry’s ice cream not just in Israel, but to Israeli settlements in the West Bank. Zinger has also worked to “assist disadvantaged groups and to foster Israeli-Palestinian cooperation in alignment with [Ben & Jerry’s]––and Avi’s––own social mission.”
The suit proceeds to mention that the Boycott, Divestment and Sanctions (BDS) movement against Israel has been targeting Ben & Jerry’s for the past decade to pressure them to stop selling ice cream in Israel. Zinger alleged that he was told his contract to distribute Ben & Jerry’s ice cream––which is set to expire at the end of 2022––would be renewed without question and that the July 2021 announcement that Ben & Jerry’s would conduct business elsewhere in Israel was abrupt. He also accused Unilever and Ben & Jerry’s of pressuring him to comply with BDS demands to stop selling ice cream to Israeli settlements, which he argued would go against Israeli law as well as violate anti-BDS laws in various American states like New Jersey and New York. Additionally, Zinger argued that such demands breach AQP’s contract agreement with Unilever and Ben & Jerrys’, since the contract gives him the leeway to sell in the Palestinian territories.
Additionally, Zinger alleged that the Ben & Jerry’s boycott has caused his competitors to “poach” his workers and he has been having trouble hiring more workers and obtaining “necessary ingredients and equipment” due to the “uncertainty” over the Ben & Jerry’s boycott. There has been a steep decline in AQP’s sales as well as a result of the boycott. Consequently, Zinger’s staff, which consists of “new immigrants, African refugees, and people with disabilities,” have been adversely affected by the Ben & Jerry’s boycott.
“I refused Ben & Jerry’s and Unilever’s illegal demands, and as a result, they are threatening to close my business, affecting hundreds of Israeli and Palestinians workers and distributors,” Zinger said in a statement. “Ben & Jerry’s and Unilever’s actions are misguided, unlawful and immoral. Boycotting Israel should come with a heavy price tag, and therefore, we are taking Unilever to court. We expect the court to prevent Unilever from terminating my contract, since the only reason it’s doing so is that I refused to break the law. Shame on Unilever for its wrongful attempt to boycott the state of Israel. There is still time to do the right thing. Renew my license and leave ice cream out of the political debate.”
Alyza Lewin, President of the Louis D. Brandeis Center, also said in a statement, “Unilever’s unlawful action is detrimental not only to Avi Zinger and his company, but also to Avi’s employees; his Palestinian distributors and suppliers; and the general public. Unilever is destroying a successful business that provides jobs for refugees, new immigrants and the disabled; economic opportunity for Palestinians; financial support for Israeli-Palestinian peace and coexistence programs, and education and training for Palestinian students and farmers. Avi’s business makes Ben & Jerry’s available to all consumers throughout Israel – Palestinians and Israelis alike. Unilever is shutting all of this down, only because Avi refuses to agree to its demand that he boycott customers based on where they live – a move, which would harm Palestinian consumers most of all. By placing this unlawful demand on Avi, Unilever has breached its contract and opened itself up to public ridicule and sanction. It is time for Unilever to admit the error of its ways and reverse its discriminatory and self-destructive decision.”
Israeli-American Coalition for Action Executive Director Joseph Sabag said in a statement, “It has been clear for some time now that Unilever has the ability to override Ben & Jerry’s BDS boycott of Israel based upon the companies’ original acquisition agreement. Unilever’s refusal to reverse its subsidiary’s discriminatory commercial policy makes no business sense. We expect that once this lawsuit reaches the discovery phase, some damning evidence may emerge helping to explain why Unilever’s board is subjecting itself and its investors to tens of billions of dollars in losses resulting from their anti-Israel boycott.”
Unilever did not respond to the Journal’s request for comment.
