Ben & Jerry’s was sold to Unilever in 2000 in a deal which allowed it to retain an independent board and the right to make decisions about its social mission.
Since the sale there have been deepening clashes between the Vermont-based brand and Unilever, with this conflict now inherited by Magnum.
In 2021, Ben & Jerry’s refused to sell its products in areas occupied by Israel, resulting in its Israeli operation being sold by Unilever to a local licensee, and in October, Ben Cohen said it was prevented from launching an ice cream which expressed “solidarity with Palestine”.
Last month, ahead of its spin off from Unilever, Magnum said the chair of Ben & Jerry’s board Anuradha Mittal, who has held the position since 2018, “no longer meets the criteria to serve” – saying this was the result of an internal audit.
A spokesperson for Magnum said it had found “a series of material deficiencies in financial controls, governance and other compliance policies, including conflicts of interest”.
“So far, the trustees have not fully addressed the deficiencies identified,” they said.
In a statement to Reuters, Ms Mittal said: “The so-called audit of the foundation was a manufactured inquiry – engineered to attempt to discredit me.
“It is important to understand that this is not simply an attack on me as chair. It is Unilever’s attempt to undermine the authority of the Board itself.”
The BBC has contacted Ben & Jerry’s to request this statement.
Mr Cohen said Magnum “has no standing to determine who the chair of the independent board should be”.
“Therefore, by trying to [change the chair of the board], I would say that Magnum is not fit to own Ben & Jerry’s,” he added.
Mr Cohen called for either the business to be “owned by a group of investors that support the brand and want to encourage the values” or for Magnum to make a “180 degree turn around and say they support the chairman of the independent board”.
Ahead of the spin off on Monday, news agency Reuters reported that Ms Mittal said she had no plans to step down from the board.
