The decision taken in July by the independent board of Ben & Jerry’s to end sales in the disputed West Bank sparked a media field day. Countless articles and opinion pieces were published that proclaimed the ice cream brand was “changing the moral calculus” and living up to its “progressive values.”
The subsequent backlash from Israeli politicians was widely reported (see, for example, here, here and here).
HonestReporting published several pieces that laid bare the legal implications that could arise as a result of the Vermont-based company’s action, specifically because 35 US states have enacted laws to counter the controversial Boycott, Divestment and Sanctions (BDS) movement against Israel.
These predictions have now come to fruition after multiple US states, including New York, Florida, Texas, Illinois, Maryland and Rhode Island, initiated reviews of their investments with Ben & Jerry’s parent company Unilever.
Related Reading: Ben & Jerry’s Founders’ Defense of Israeli ‘Settlements’ Ban in NYT Lays Bare Company’s Hypocrisy
Earlier this month, Arizona treasurer Kimberly Yee announced that all state funds would be divested from the British conglomerate in accordance with a state law that prohibits investment or contracts with businesses or people that participate in boycotts against Israel. In total, investments in Unilever were reduced from $143 million to $50 million on June 30, while the remainder was scheduled to be withdrawn this week.
In a similar vein, 2016 legislation against allowing state pension funds to be invested in companies that boycott Israeli firms, goods or products has prompted the New Jersey Department of the Treasury’s Division of Investment to send a letter to Unilever notifying the corportation of the state’s intention to divest approximately $182 million.
Despite the swift financial repercussions for Unilever, a number of major media outlets have been conspicuously quiet about these developments.
The Guardian, for example, published numerous articles about the Ben & Jerry’s boycott back in July and early August, including an opinion piece penned by Mark Hage of the pro-BDS group Vermonters for Justice in Palestine titled, “We got Ben & Jerry’s to stop selling in Israeli settlements. Here’s how we did it.” Another piece was headlined, “Corporate activism is too often cynical. In Ben & Jerry’s case, it offers hope,” written by columnist Nesrine Malik.
CNN also published several pieces on the announcement made by Ben & Jerry’s board, including one stating that the company would no longer sell its products in “occupied Palestinian territories.”
However, both of these global media outlets have neglected to print any stories informing their readers of the most recent significant events.
We can only surmise as to why these news outlets have ignored the Unilever divestments. However, it could be that amid the initial media firestorm one critical point was consistently glossed over: that Ben & Jerry’s initial decision broke the law in most US states, which is why such laws were enacted in the first place.
Related Reading: Ben & Jerry’s ‘Settlements’ Boycott – NYT, WaPo Cover Up Eliminationist Goal of BDS, Giving Free Pass to Orgs That Support It
When many states passed anti-BDS legislation they did so because it was clear that such economic actions were part of an overall campaign to demonize and delegitimize the Jewish state. In March 2016, for example, the Virginia Houses of Delegates said such a law was necessary because the BDS movement is “inherently antithetical and deeply damaging to the causes of peace, justice, equality, democracy, and human rights for all peoples in the Middle East.”
In a motion condemning BDS, Tennessee lawmakers called the movement “one of the main vehicles for spreading anti-Semitism and advocating the elimination of the Jewish state.”
As HonestReporting made clear from the outset, the Ben & Jerry’s boycott was not simply a free speech issue, it was a legal one.
Media outlets such as The Guardian and CNN, among others, now have a duty to report on that legal fallout.
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