Ben & Jerry’s Foundation joins legal battle against Magnum Ice Cream Company

USA – The Ben & Jerry’s Foundation today announced that the USA District Court for the Southern District of New York has granted its motion to join the Ben & Jerry’s Independent Board’s lawsuit against The Magnum Ice Cream Company as a plaintiff.

The action seeks to compel The Magnum Ice Cream Company to honor its binding obligations under the original acquisition agreement with Unilever and to cease efforts that interfere with the brand’s social mission and the independent governance of Ben and Jerry’s and the Foundation. The Foundation’s intervention is necessary to protect its independence and safeguard its mission.

In December 2025, the Foundation moved to join the case after The Magnum Ice Cream Company stopped providing approved funding under the original acquisition agreement with Unilever.

The Foundation said in a statement that the court’s decision marks a meaningful step forward for both the Foundation and the Independent Board in their efforts to uphold the provisions regarding the social mission and the foundation established at the time of the company’s acquisition.

“This is an important step in ensuring that the Foundation can defend its independence and continue its work,” said Liz Bankowski, President of the Ben & Jerry’s Foundation Board of Trustees. “We are pleased the court has recognized the Foundation’s right to be part of this case.”

The Foundation’s inclusion in the lawsuit strengthens the effort to hold Unilever/Magnum accountable for honoring its commitments and respecting the independence of both the Independent Board and the Foundation.

“This is about more than a contract, it’s about whether a corporation can weaponize a governance structure and withhold funding when prior commitments and values become inconvenient,” Bankowski said. “Our mission to support those making “good trouble” for social justice, climate action and human rights has never been more important.”

The case remains pending in the U.S. District Court for the Southern District of New York. 

The Magnum Ice Cream Company, based in Amsterdam, is a spin off from Unilever and began trading on the New York Stock Exchange in December 2025. Along with the NYSE, Magnum is listed on Euronext Amsterdam and London Stock Exchange.

Unilever announced in April 2000 that it would acquire Ben & Jerry’s, which was then publicly traded, for US$326 million in cash.

At the time, it was announced that Ben & Jerry’s would retain an independent board of directors “focused on providing leadership for Ben & Jerry’s social mission and brand integrity,” the company said.

Company founders Ben Cohen and Jerry Greenfield would continue to be involved in the operations of the company. Ben & Jerry’s had donated 8 percent of pre-tax profits to philanthropic causes and is known for its social activism.

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