Republican Senator Rick Scott of Florida has called for a federal investigation into Ben & Jerry’s — a subsidiary of Unilever — for ending sales of its ice cream in post-1967 parts of Israel, including a large portion of Jerusalem and all Jewish communities in Judea and Samaria.
The company’s independent board of directors announced in a statement that allowing sales in those areas is “inconsistent with our values” and because of “concerns shared with us by our fans and trusted partners.” The statement added that the board has been calling for Ben & Jerry’s to “withdraw ice cream sales from the region for years.” A resolution to do so was passed by the board in July 2020.
Scott contends the company’s boycott of post-1967 areas of Israel could be a violation of the Export Administration Act of 1969.
Under that law, the president is instructed to “prohibit compliance with or support of any foreign boycott against a country which is friendly to the United States, with specified exceptions.”
Ben & Jerry’s independent board said in a statement that it would not renew its licensing agreement with an Israeli Jewish franchisee who has distributed its ice cream across the country – including in Judea and Samaria Jewish communities – since 1987. In addition to the Ben & Jerry’s factory in Israel, the license also permits the local franchise to operate two ice cream shops along with its nationwide distribution.
Writing on Tuesday to Commerce Secretary Gina Raimondo, Scott called the decision by Ben & Jerry’s independent board “antisemitic” and accused the company of participating in a foreign boycott.
Scott argued that an investigation is required to see if the ban – a clear participation in the Boycott, Divest and Sanctions (BDS) economic war on Israel – is in violation of the US law.
“I am writing to you in light of the decision by Ben & Jerry’s, an American company which is wholly owned by Unilever, to participate in a foreign boycott, banning sales of its ice cream in portions of Israel,” he wrote.
“I am extremely concerned with Ben & Jerry’s antisemitic actions, and as the Office of Antiboycott Compliance is under your jurisdiction, I am calling on the Department of Commerce to initiate an investigation into whether or not Ben & Jerry’s recent decision violates the Export Administration Act of 1969.”
The decision by the Ben & Jerry’s board to end its sales in post-1967 areas of Israel “appears to be the first such decision by Ben & Jerry’s to boycott sales to a foreign country, meaning the Jewish State is the company’s first target,” Scott wrote.
“Given the pressure that Ben & Jerry’s faced from outside organizations particularly those involved in the Boycott, Divest and Sanction (BDS) movement, including Vermonters for Palestinian Justice and SumOfUs, there is reason to believe that Ben & Jerry’s intent is to comply with an unsanctioned foreign boycott,” he wrote.
“Such boycotts of foreign countries are in violation of statue and horribly antisemitic,” he wrote. “They have no place in the United States; in conjunction with the Office of Antiboycott Compliance and the Department of Justice, I ask that you determine if these entities are violating statue, and if so, to hold them fully accountable.”
