The Ben & Jerry’s Foundation has won a court ruling allowing it to join an ongoing lawsuit against The Magnum Ice Cream Company, escalating the row over the ice cream brand’s governance and independence.

The non-profit, which is funded by Ben & Jerry’s, said it took the step after Magnum stopped providing it with funding. It described the court decision as a significant moment in its effort to defend its autonomy.

The dispute centres on the future control of Ben & Jerry’s and the role of its independent board, which has long argued that the brand’s social mission should be protected from corporate interference.

Since 2024, Ben & Jerry’s and its independent board have been locked in a legal battle in a US district court in New York, first with former owner Unilever and now with Magnum, after the ice cream business was spun off in December.

At the heart of the case are claims that the company has sought to overstep agreed governance arrangements and weaken the independence built into Ben & Jerry’s structure. Directors from the brand’s independent board have challenged plans to appoint new directors, accusing the business of corporate overreach.

Liz Bankowski, president of the Ben & Jerry’s Foundation board of trustees, said the case went beyond a contractual disagreement.

“This is about more than a contract, it’s about whether a corporation can weaponise a governance structure and withhold funding when prior commitments and values become inconvenient,” she said.

Magnum rejected the claims and said it remained fully committed to Ben & Jerry’s, including continued support for the foundation.

It said the recent governance changes were in line with the merger agreement and standard corporate governance across the wider organisation.

The latest twist keeps the long-running tensions around Ben & Jerry’s firmly in the spotlight. The Vermont-founded business has repeatedly clashed with its corporate owners over how far its independent board can go in protecting the brand’s activist identity and wider social purpose.

Founded in 1985, the Ben & Jerry’s Foundation supports non-profit organisations working across causes including racial equity and environmental protection.

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