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Ben Cohen
It developed a very, very loyal, small, loyal following. But the interesting thing about it is that people would say, oh, I love this flavor. They couldn't tell you what flavor it was.
Nick
I gotta pause the pod for a sec because this almost sounds like a setup to a joke. The Ben and Jerry's co founder, the CEO of Greenpeace, an ethnobotanist, come up with a flavor of ice cream inspired by a Woodstock guy who dresses as a clown, molding together a bunch of nuts.
Ben Cohen
I like the way you think, Nick.
Nick
Yet ease, grab your spoon, loosen your drawstrings and meet us in the freezer aisle.
Jack
Because today's guest turned dessert into descent.
Nick
That's right. We're interviewing Ben Cohen, the co founder of Ben and Jerry's. The Ben. In Ben and Jerry's, this hippie launched
Jack
the most successful ice cream brand in history from a dilapidated gas station in Burlington, Vermont.
Nick
And best of all, he did it all with his best friend from seventh grade.
Jack
But Ben and Jerry got famous for giving out one ingredient that every brand avoids. Politics.
Nick
Politics. It's not a Ben and Jerry's flavor unless it's got two scoops of activist double entendre. Jack.
Jack
I scream, you scream. But nobody screams like this.
Nick
Ice cream. 1984, they went from Main street to Wall street with the most unique IPO of all time.
Jack
Then in the year 2000, they sold to Unilever for $326 million in the most unique exit of all time.
Nick
And now they're doing over a billion bucks in half baked revenue. From Burlington to Bushwick to Bangkok, baby.
Jack
But today, bang. Ben says that the corporate suits are muzzling the brand that still has his name on it.
Nick
They're drowning his fish food, Jack. So Ben is trying to buy back Ben and Jerry's right now. And we will ask him all about it.
Jack
We'll also ask whether a brand getting political is profitable or painful.
Nick
As in an ice cream high or an ice cream headache.
Jack
But first, we'll get into the Ben and Jerry's origin story that helped inspire us to launch our business besties.
Nick
He's the Duke of Full fat dairy, the Sultan of democratic socialism.
Jack
And yet he's also the king of the capitalist cone.
Nick
If Ben and Jerry's made a flavor about Ben Cohn, right? We already know the name, don't we, Jack?
Jack
Rum Raisin Rebel with a Coconut Coz.
Nick
Or maybe, depending on how this interview goes, hostile takeover. Hot fudge. How does that sound? Besties?
Jack
Ben Cohen is the co founder of
Nick
Ben and Jerry's and this interview with Ben is absolutely the best one yet.
Ben Cohen
Wow, you guys knocked it out of the park, man.
Nick
Oh, we're so happy to have you here. Thanks so much, Ben.
Jack
So, Ben, as I shared with you earlier, Nick and I have already done a full 45 minute episode. We on Ben and Jerry's fish food in our other show. The best idea yet.
Nick
We consider that the most viral ice cream flavor of all time. That's why we went deep on it.
Jack
And Ben, a couple days before I was gonna do that recording with Nick, I mentioned to my mom that I was doing an episode all about Ben and Jerry's. And I said, mom, did you know that Ben and Jerry's had an IPO that was only available to Vermont residents?
Nick
Wild.
Jack
And she's like, yeah, Jack, of course I know that. I was like, what do you mean, Ben? She told me that she and my dad participated in the Vermonters only IPO of 1984 and the $4,000 investment 6x over the years. And when they sold that stock, it became the down payment on my house in Brattleboro that I grew up in.
Nick
That's right.
Jack
And my parents had never told me that until I was about to do a full podcast episode on Ben and Jerry's.
Nick
We got a frame that stock certificate.
Jack
Maybe my first question, Ben, why did you and Jerry decide to limit the IPO to just Vermonters? Nick and I cover business and finance all the time. We've never heard of an IPO like that.
Ben Cohen
Never heard of a regional IPO well, we were trying to make the community the owners of our business. You know, we were at the stage in a business's life when it needs a cash infusion to grow to the next level. And we felt like the way we want to do it is to sell shares to our neighbors. But the problem was that there was a maximum on a private placement offering of 30 investors. And they had to be so called qualified. They had to have a lot of money. And we wanted to sell it to regular old people that didn't have much money. And I went in, you know, it is Vermont. So I drove to Montpelier and went into the office of the Commissioner of Banking and Insurance, who is this great guy. And I told him what we were trying to do. And he said, well, Ben, it's never been done before, but there is this fine print in the law. And he showed me the book, he brought it out that would allow you and Jerry to register as stockbrokers and sell shares and Ben and Jerry's to Vermonters and as long as you don't go over state lines, then the SEC doesn't get involved, and you could do it. And, you know, the accountants and the lawyers were all telling us, you're crazy. Don't do it. It's never been done. It's not gonna work. And we said, screw it. If we can't do it this way, then we don't really want to grow the business.
Nick
How did the lawyers feel about giving out cookie dough as dividends? Was that ever on the table?
Jack
Ben, with a typical IPO, there's a roadshow. And the investment bankers go to FIDE, they go to Vanguard, they go to BlackRock, and they pitch the stock. How did you guys pitch the stock within the state boundaries of Vermont?
Ben Cohen
We went to the Holiday Inn in Bennington, and we went to the hotel in Brattleboro, and we went to. There was a hotel in Middlebury.
Nick
That's where Jack and I met, actually. Was in Middlebury, Vermont. I still think this is wild. People talk about now. People buying houses with Nvidia AI money. Jack's family bought a house with ice cream money with a bunch of fish food.
Ben Cohen
Yeah.
Nick
Now, a quick word from our sponsor. The other thing, Ben, Jack and I have studied so much about you, and we're gonna get into all this, but there is an inspiring detail of your life before we get into the business side, that you turned your greatest weakness into a strength as a person. Because you suffered from anosmia, you have difficulty tasting and smelling certain things, and yet you became the creative force behind the food brand Ben and Jerry's.
Jack
So how did your weakness and taste buds translate to strength in ice cream flavor? At the beginning of Ben and Jerry's,
Ben Cohen
it is kind of strange. I mean, you wouldn't think of it, but the way Jury and I worked it out is that he was the guy making the ice cream, and I was the taster. You know? You know, you can't have the same guy who's making it tasting it. You know, it's a conflict of interest.
Nick
Oh, yeah.
Ben Cohen
You know, he would come to me with a flavor and give it to me, and I'd say, jerry, it's a great flavor, But I can't tell what flavor it is. So he put more flavoring in and brought it to me again. And I'd say, yes, still tastes really good. But I couldn't tell you what flavor it is. And so he kept on putting in more flavoring. And finally, when we were putting in two or three times as much as the manufacturer recommended, I Could vaguely get an idea as to what it was. The other side of it is that for a guy who doesn't really have much of a sense of taste or smell, food is texture. I mean, that's what it is to me. I couldn't tell you what stuff tastes like, but I could tell you what it feels like. And so I have a highly developed sense of mouth feel to make up for my other sense. So that's why the ice cream has all these big crunchy chunks in it. Because that's what I like is the, you know, the contrast between the smooth, creamy ice cream and the big crunchy chunks.
Nick
Yeah, we've always respected the cookie dough density, Jack. And I should point out, but yeah, it's interesting. You're what would many consider a physical weakness turned into the competitive advantage of your business. But there's also one business story that gets often overlooked that Jack and I found to be inspiring for our very own business. And Jack, you want to share this detail? We love this quote, Ben.
Jack
I don't know if it was you or Jerry, but one of you told Guys and how I built this maybe 15, 20 years ago that when you were applying for a bank loan to launch your ice cream business, the bankers, they weren't totally satisfied with the financial forecast that you two were projecting. So to quote you or Jerry, you guys just made them up and you put better numbers on paper and you got the loan approved.
Nick
And as you pointed out, that's like basically how business works. A lot of it you just make up as you go along.
Jack
Right?
Ben Cohen
Well, I mean, this idea of projections, what's going to happen in the future? Well, to be quite frank, I don't know what's going to happen in the future, but they require projections. And so many of these businesses, they base their projections off what happened last year and it didn't happen the following year. So yeah, I mean, it's essentially making it up. Guesstimates. We did the numbers. The numbers showed that we wouldn't make any ice cream, that we wouldn't make any money. And so we pumped up the numbers. The numbers that we pumped up were right.
Nick
It's self fulfilling prophecy.
Ben Cohen
Exactly.
Nick
You were kind of, you were early manifestors is what you were saying.
Ben Cohen
That's it.
Jack
So Ben, we did a whole episode on our other show about fish food, which is a wonderful story. You had years of courtship actually with the Vermont based band Fish before they finally agreed to make an ice cream flavor with you. We have a whole episode about that. What flavor besides fish food? Has the craziest backstory.
Ben Cohen
Ah, the crazy. Well, one thing I want to tell you about fish food is that that was the last flavor that I was personally involved in. I was the guy who was bringing test batches to the, to the fish corporate offices.
Nick
We need more pretzel.
Ben Cohen
But in terms of the backstory, I think Wavy Gravy is the flavor that had the craziest backstory. Of course, it's named after a pretty crazy guy. You know, he was the guy at Woodstock who got up on the stage and said, what we have in mind is breakfast in bed for 400,000. And you know, Wavy Gravy, that's what he's known for, is, you know, he calls himself the hippie icon. He just had his 90th birthday. He was actually a major anti war activist. And he found that if he dressed up as a clown, the cops didn't beat him as much. So he stuck with that. And when that flavor was being developed first, we had come out with Cherry Garcia and we decided to come out with another iconic flavor. And that was around the time when they discovered that the rainforest was being destroyed. And that was the lungs of the world. And I was at a Grateful Dead concert with the head of Greenpeace. And this guy who was an ethnobotanist, this ethnobotanist, Jason Clay, had discovered that the rainforest could be as profitable if you harvest it sustainably as when it's cut down and turned into cattle ranches. But, you know, because there's all this stuff that grows there, there's the medicinal herbs, there's dyes, there's fruits, and there's nuts. And what he needed was markets for the stuff that is sustainably harvested in the rainforest. So we decided to make a Brazil nut based ice cream for Wavy Gravy. And we made it into a butter. We made it into Brazil nut butter, added it to the ice cream, and it didn't really taste that good.
Jack
Even your numb taste buds could tell
Nick
you that that's where the fudge swirl comes in. I'm starting to anticip.
Ben Cohen
So I said to Jason, what else you got in the rainforest that we could use? And he said, well, in some of the areas where they've deforested, they've replanted cashew nut trees. So if you buy those, that'll help as well. So we added cashew nut butter to the Brazil nut butter. And that's the base. It's a cashew Brazil nut butter base with a chocolate hazelnut swirl and chopped up hazelnuts in it as well. And it developed a very, very loyal, small, loyal following. But the interesting thing about it is that people would say, oh, I love this flavor. They couldn't tell you what flavor it was.
Nick
I gotta pause the pod for a sec because this almost sounds like a setup to a joke. The Ben and Jerry's co founder, the CEO of Greenpeace, an ethnobotanist, come up with a flavor of ice cream inspired by a Woodstock guy who dresses as a clown, molding together a bunch of nuts.
Ben Cohen
I like the way you think, Nick.
Nick
Oh, well, what a creative process. And that's what we find fascinating. It's these tension points. You're able to pull together things that otherwise don't go together. And that tension is what leads to creativity and really a business success.
Jack
So, Ben, in the background of your video feed right now, we see your iconic cow who's grazing in the dairy fields of Vermont. But you were actually gonna open up initially in Saratoga Springs, New York. You ended up in Vermont almost by accident, which happens to kind of be the worst place to open an ice cream shop, given how cold our winters are. But can you tell us how you ended up in Burlington, Vermont, instead of Saratoga Springs, New York?
Nick
Yeah, there's kind of another tension there. You know, location, location, location. And you choose the worst location.
Ben Cohen
Well, yeah, when Jerry and I decided that we were gonna do an ice cream shop, we wanted to live in a rural college town. And we thought that if it was going to be ice cream, it should be a warm rural college town. You know, this was before the age of personal computers. So we sat down at a table and Jerry had the guide to American Colleges in front of him, and I had the US Almanac in front of me. So he would call out the names of college towns and I would see what the temperature was in those towns.
Nick
Charleston.
Ben Cohen
And so we combined the list, came up with the short list of warm rural college towns and discovered that they all already had ice cream shops. So then we ended up in Saratoga Springs. We decided to open in Saratoga Springs. And while we were preparing to open, another ice cream shop called Afternoon Delight opened up. And we didn't want to compete with them. And I had known about. I had been to Burlington quite a bit. Cause I used to work in the Adirondacks across the lake from Burlington. And we went there on our days off. And there was virtually no ice cream in Burlington, Vermont. Vermont is the only state in the union that didn't have a Baskin Robb. And the only ice Cream you could get was either from the UVM Dairy Bar way up on the hill or there was the Seward's bus station, which was a little sketchy. So yeah, we opened up in a very cold place.
Jack
As you were launching, the mayor of Burlington was about to be Bernie Sanders. Was he involved at all in the beginnings of Ben and Jerry's?
Nick
He was just a mayor then.
Ben Cohen
He was not involved. He won his election for mayor just a little after we opened. And I remember being down in the basement of Memorial Auditorium at his victory party scooping ice cream. And it was a wonderful, wonderful time. It was a beautiful time.
Nick
Well, Jack, we've kind of buried a little bit of the insight, the takeaway at the bottom of the pint here. Because what we just described as reasons not to open up in Burlington cause it's too cold. There also was a really interesting, beautiful business solution that came out of this, right?
Ben Cohen
Oh, penny off for Celsius 3 below zero winter extravaganza.
Nick
It rolled right off your tongue. And exactly what we were thinking about. What is that? And what was the insight you got there?
Ben Cohen
This was Jerry's idea that it was January, it was really cold, nobody was coming in for ice cream. And right across the street from us was this time and temperature sign at the bank, at the Burlington Savings Bank. So he came up with this idea that we would announce that we would take a penny off the cost of an ice cream cone per Celsius degree below zero. You know, it did get pretty cold and people did get a significant discount. I mean, when we opened up, the price of a cone was 52 cents. They hadn't retired the penny yet. So, you know, a penny meant something.
Jack
So I'm crunching some numbers here. Zero degrees Fahrenheit is give or take negative 16 Celsius. So on a zero degree day, you were selling a free ice. You were selling an ice cream for not 52 cents, but for about 36 cents. That sound about right?
Nick
Are you covering your costs on that?
Ben Cohen
We got the math whiz here. What, did you do that all in your head or did you use AI?
Jack
No, that's not Jack GPT. That's just Jack right there. So as Nick and I were researching the Ben and Jerry story, a really wild part is what you did with the packaging to really take off. Initially, I think you were selling gallon sized ice cream containers, but you really innovated with that packaging with first of all, selling in the size of a pint. I think Ben and Jerry's was one of the first ice cream brands to sell pint sized containers, which stopped you
Nick
from handing out too many scoops at the ice cream shop, probably. Ben, I bet you were pretty generous with those samples.
Ben Cohen
Yeah, we did have a big problem with over scooping.
Jack
And then also you had this great development where the bottom of the pint would be the same, but the top would be the variability. That's where you'd get the different colors, the different description of the flavors. Can you tell us a bit about the unlock when you started selling in pints?
Ben Cohen
Well, actually, there were a bunch of ice creams that were being sold in pints at the time. There was Lady Borden's, there was Haagen Dazs. I mean, a lot of the pints were not round, a lot of them were square. So putting it in a pint was not really an innovation. But, you know, the graphic artist we were working with, who was an amazing graphic artist, Lynn Severance, still practicing in Vermont, you know, we told her we were planning on coming out in pints and she said, you guys got to put your pictures on the top. We need a photo of you two guys on the top of the pint. And we said, oh, God. And then we decided that, you know, it'd be good for the business but bad for our personal lives. And we had, you know, essentially devoted our lives to the business anyhow, so we did it. And there was this photographer in town that Lyn found, Marion Ettlinger, who, who did photos, you know, for Rolling Stone magazine. She. She was a very famous photographer of rock stars. And so why shouldn't she be a photographer of ice cream stars? And so we got into her studio and she says, would you like some wine or some pot? I said, both
Nick
and
Ben Cohen
took the photo.
Jack
And then, Nick, I just want to point this out. There was this wonderful message that Ben and Jerry also put on the side of their pint. It was a message from Ben and Jerry. This carton contains some of the finest ice cream available anywhere we know, because we're the guys who make it. We start with lots of fresh Vermont cream and the finest flavorings available. We never use any fillers or artificial ingredients of any kind. With our specially modified equipment, we stir less air into the ice cream, creating a denser, richer, creamier product of uncompromisingly high quality. It costs more and it's worth it. Yeah, Ben, that's how you got your premium brand. I think that was step number one of Ben and Jerry's being considered a premium ice cream brand.
Nick
You could price Higher with that.
Jack
You could price higher with that because YouTube put your name, your face, and your word right there on the pint and said, this is better ice cream.
Nick
Also, being a little buzzed in that photo probably helped too. Jack.
Ben Cohen
Didn't hurt.
Jack
So, Ben, let's. Let's scoot forward. Just a few years after your founding to 1982, you're starting to have some success, but you almost shut down the business. From our research. You were worried that your success was going to start to eat away at the core values of the company. But you spoke in 1982 to a guy named Maurice, a customer who was buying a bunch of your ice cream, and you were complaining a little bit, lamenting to him that, you know, what happens to big businesses? They start to become harmful to the environment. They start to, you know, cut corners with their employees. They start cutting costs wherever they can, and it just makes the world not a better place, but a worse place.
Nick
But then Maurice responded to you and said, ben, if there's something you don't like about business, why don't you do it differently?
Jack
Which led to the three part mission that you and Jerry agreed to. First was the product mission.
Nick
So, like, to make fantastic ice cream.
Jack
The second was the economic mission, to
Nick
make money so that the company can keep growing and making that ice cream.
Jack
And the third, this is key, was
Nick
the social mission to make the world a better place.
Jack
So, Ben, we saw an interview with you just a couple weeks ago where you said giving the company a social mission, that third part also gave it a soul, a spirit, and a heart. And that is why Ben and Jerry's
Nick
is so valuable when it comes to creating that value. What are some specific examples where you've seen this to be true, where creating that mission and that spirit helped the business.
Ben Cohen
What ended up happening is that because of that social mission, because we were trying to use our business to improve the quality of life for the community as opposed to the normal business, which is trying to extract as much as it can out of the community and maximize profits. We were trying to. I mean, that was the deal talking to Maurice. It was the question of, is it possible that business is actually a neutral tool like a hammer, and you can use it to destroy things or you can use it to build things. So we started using it to build things. We started using it to support the community. You know, in the early days when we were just a little homemade ice cream parlor, we were producing these free community festivals, you know, that had stilt walking contests and we had a frog jumping Contest. Jerry's wife went out and caught all the frogs, you know, and as the business got larger, we started taking stands and positions on important issues. A full page letter in the New York Times calling on the president and Congress not to go to war in Iraq. That was the first Iraq war. Mostly people are buying products from businesses in spite of what the business stands for. And at Ben and Jerry's, you know, because we stood up for things like racial justice. You know, one of the proudest moments of my life was after Jerry and I were no longer actively involved in the company and after the tragedy of the. Of the murder of George Floyd, the company came out with this incredibly powerful statement that we must dismantle white supremacy. And I had no idea that was happening. I had no idea that was going to happen. I saw it the same time everybody else did. And I was just so proud that it signified that Jerry and I were successful at what we were trying to do, which was to imbue the values in the company. We didn't want it to be just dependent on Jerry and myself. So, you know, the company takes these stands, some of which are. Well, a lot of them are controversial. Not everybody agrees with them. You know, I've always said, you know, there's no sense taking a stand if somebody already agrees with whatever you're standing for. And what ends up happening is that you form this relationship with your customers that's based on shared values. And that's really the deepest, strongest relationship that you can form with anybody. I mean, can an inanimate object like a business have a heart, a soul and spirit? I think Ben and Jerus does. And it was because of the social mission. It's taking stands on stuff based on justice, a belief in justice.
Nick
Now, a quick word from our sponsor before we get to the present day and how you're navigating all this right now and trying to get Ben and Jerry's back. You know, Jack and I have a bigger question here, which is about businesses speaking out on politics and social issues. Like, we have a lot of entrepreneurs listening right now, some of whom agree with you, some of whom don't. That's almost besides the point. The bigger question here is whether or not they should be leaning into politics or leaning out, whether they should share their founders thoughts on a topic or not. It's a big question that a lot of ambitious zillennials in the workplace, but also the yetis and besties of our audience who are starting companies want to know more about.
Jack
So Ben, what advice would you give to people who are feeling torn about whether, you know, not as much on a private capacity. I think people understand whether they should speak up or not about the issues they're passionate about. But unlike a work capacity, what do you think about free speech and political outspokenness when it comes to the brand that you're leading or the company that you're working at?
Nick
Should an entrepreneur, should an employee take a side on something publicly?
Ben Cohen
I think so. I think businesses are members of the community and they need to be responsible members of the community. Responsible to the community, responsible for values other than maximizing their short term profits and whatever fallout falls out, the reality is that business is incredibly political. Business controls our elections through campaign contributions. Business controls our legislation through lobbying. They control our media through ownership. They control the lives of everyday lives as employees and customers. So the norm is for businesses to take their stands covertly. They don't want people to know that they are the people that are funding these politicians to do their bidding. They don't want people to know that weapons manufacturers have two lobbyists for every congressperson. I mean, the place is crawling with lobbyists that are paid for by business that are trying to influence the laws of our country in their own favor. So if you say, well, business shouldn't be taking political stands. I mean, they're taking political stands every day of the year. But the difference is they're covert about it. They don't want to be open, they want to hide it. And because they're taking all those stands just only in their narrow self interest. So Ben and Jerry's takes their stands overtly in the interest of the community in general. And you know, I think there's also this issue of being tarred and feathered with the same brush. You know, the spokespeople for business is the Chamber of Commerce, the national association of Manufacturers, all these business packs, whatever. And if you don't stand up and say, no, I don't agree with that stuff, as you said before, I think he who is silent consents. You know, if you don't make your views known, then you're just accepting what's going on.
Nick
And what do you think then, Ben, though, of the customer challenge? Like, if you're a brand that does get political and speaks out openly, like you're saying, what do you say to your fans who love your product but may be upset or offended by a side that you're taking on something and have to live with that challenge?
Ben Cohen
Well, you just say, this is honest. This is what I believe in. They're based on a set of values. And for a lot of people, I mean, most people are buying products from companies in spite of the values. They just don't realize, you know, customers certainly have a choice. I mean, a lot of times, you know, people don't really care that much.
Jack
Have you ever encountered a customer that says, man, I freaking love white supremacy, but I also love half baked, and I don't know what to do.
Ben Cohen
You know, the interesting thing is that customers that love white supremacy, they usually don't come up to me.
Jack
Well, Ben, maybe to back up a little bit, to understand the current predicament that the brand you built finds itself in.
Nick
Because Jack and I were talking about this. This is the crux of the interview question. And what leads us to this wild moment for you today, which is like, is it more profitable for a brand to be partisan or to stay out? And Jack and I were discussing this for our own business, too, and we were talking about how it may be industry dependent to some degree. Like, in ice cream, there is no gelato that has a political opinion out there. Right? Like you guys have a political opinion. And that is a differentiator. It stands out. It's a competitive advantage. We're in the media industry. And so for our podcast, if we were focused on our political opinions, we'd kind of be like every other show out there. And maybe more of the differentiator for us is actually focusing on entertainment and the business insights and not getting into the commoditized. What's your thought on this controversial issue? So is there an angle here where it also is industry dependent if you're trying to make this decision?
Ben Cohen
Well, I've never really thought about that, but I personally don't think it is industry dependent. I mean, I know, you know, I've talked to a bunch of musicians who say, you know, I don't want to take a stand on that issue because it might offend some of my fans. Take a look at Bruce Springsteen. I mean, he's like the only guy in the country who's standing up to Trump. And as near as I can tell, his shows are pretty sold out.
Nick
Jack, on that note, I think you could sprinkle on some context to take us to the business beef.
Jack
So, Ben, to understand the current predicament that your brand finds itself in, which we're about to get to, you need to start with the acquisition that happened in the year 2000. You and Jerry sold Ben and Jerry's to Unilever for $326 million. I guess you know, the. The quick and short question is, why did you sell?
Ben Cohen
We did not sell. The business got sold. It was a publicly held corporation. It was listed on NASDAQ when it went public nationally, you know, we were aware that there could be situations where, you know, that we're forced to sell it. And, you know, so you contact your lawyers and you ask them to put in some poison pills, as they call it. So we had this structure that was called super shares. The insiders got 10 votes for every share that they held versus everybody else just had one vote per share. And that essentially kept control of the company amongst this group of original investors who were bought into the Mission. But then what happened was that we hired the wrong CEO and he saw a way for himself to make a bunch of money by selling the business. He made some overtures to Unilever. They ended up putting in an offer for the business. You have to make that public if you're a publicly held company. And then what happens is that the business is considered to be, as they say, in play. And so other entities can make offers for the business, and other entities did. And, you know, Unilever really wanted it because their arch competitor in the global ice cream business was Nestle. And Nestle had just bought Haagen Dazs. Unilever needed a super premium ice cream to compete. And Jerry and I didn't want to sell. So we were very resistant. And Unilever started to understand that the reason we didn't want to sell was because we wanted to maintain the social mission. And we didn't believe that if the company was sold to a company that didn't share that mission, that it would survive. And so we're negotiating and, you know, we're trying to write the Social Mission into an acquisition agreement. And we kind of realized that the social mission needs to evolve as the times evolve over, as what's going on in the country and society changes. And so the way we found to deal with it was to establish this independent board of directors for Ben and Jerry's that has legal authority over the social mission of the company, also over the quality of the ice cream. And that's how the company was run. And I felt like at the time, I mean, this was kind of the worst time in my life. I was severely depressed for, I don't know, at least a year. And I felt like it was all over that. You know, yeah, we negotiated this thing. Yeah, it's on paper, but, you know, it's probably not going to happen. And incredibly enough, unilever did abide by their word and by this written legal document, and the social mission thrived.
Nick
I mean, this is. That is wild. You pulled off something that Jack and I think was unprecedented in the history of capitalism. Jack and I call this the double dip, by the way.
Ben Cohen
Ben, thank you.
Nick
Right, because like most founders have to choose between being rich or being king up control to get rich or they give up money to keep control. And you kind of got both.
Jack
You sold the company for a huge payout. But the company that bought Ben and Jerry's did not acquire control of Ben and Jerry's. We've never seen anything like it before. So an independent board becomes the decision maker of Ben and Jerry's even though somebody else Unilever owns Ben and Jerry's. Totally unprecedented. And the lawyers must have told you as much.
Ben Cohen
Totally unprecedented. And you know, the people from Unilever who negotiated the thing, you know, they eventually left the company. You know, they moved on. And, you know, whoever replaced them, I mean, lots of them have never read the agreement and they're trying to run it like they run all their other brands. And, you know, that's creating some problems. And, you know, eventually there was, you know, some kind of legal settlement where they were required in writing to make sure that every one of their executives read the acquisition agreement. And I mean, these executives there at Unilever are saying, whoever came up with this was crazy. I mean, this is horrible. This is the worst thing we've ever seen in our lives.
Nick
Was it to the detail, Ben, where it was like, they would say, like, hey, we gotta go with these cheap cashews. And you guys could say, no, no, no, no, no. We're going to do fair trade cashews from Brazil. They cost three times as much, but we're doing it.
Ben Cohen
But amazingly enough, through all that, it still amazes me every time I say it. Ben and Jerry's has become the biggest selling ice cream in the country. It's the number one ice cream by sales in the US and for a
Jack
while, the relationship worked, right? Like Paul Pullman, when I was at business school, I studied him. He was a sustainability guy, right. Within big corporations.
Nick
You guys influenced Unilever too, you know, I guess so.
Ben Cohen
You know, some people said, you know, like to kind of cheer me up when I was so down that it got sold, they said, well, maybe you'll influence Unilever. And I said, yeah, right. You know, we're a pimple on Unilever's butt. But I think, I think it did have an Effect.
Jack
So this unusual relationship worked for a while. He lived under the same roof and everyone was happy because Ben and Jerry's became the top selling brand in the United States. But this all came to a head in 2024 and 2025.
Nick
Yeah, today we're facing the big business beef. What is it, Jack?
Jack
Unilever allegedly suppresses Ben and Jerry's brand from speaking out on the issues that it's always spoken out on. Unilever fires the Ben and Jerry CEO, allegedly because of political speech taken by the brand. And your co founder, Jerry quits Ben and Jerry's sadly last year.
Nick
Your best friend says he can in good conscience remain an employee now that the brand is no longer having independence. So you're now fighting like hell, as you've put it, to free Ben and Jerry's.
Jack
So essentially, Unilever. Well, now, Magnum, because Unilever spun off the ice cream division into a separate company, has suppressed the free speech rights that you fought for when you sold Ben and Jerry's to Unilever.
Nick
Now, on the other hand, Unilever is thinking the world has changed. Politics are more divisive than ever. And the cultural conversation has moved on. And they're seeing a business risk here. That's their kind of case.
Jack
The business risk they're seeing is that Ben and Jerry's outspoken activism is putting the rest of this gigantic corporation at risk. So Ben, what would you say? Is that a fair characterization of the situation and where we are right now?
Ben Cohen
I think that Magnum is mostly concerned that actions that Ben and Jerry's takes, political stands that it takes, will harm the whole Magnum business. They own about 100 brands all over the world.
Jack
So you would argue, Ben, that first of all, the contract that was agreed to in the year 2000 is being violated. Right. Is there court action being taken on that side of things?
Ben Cohen
Yes, there is. The independent board has sued Unilever and you know, Unilever tried to dismiss it. Unilever tried to say, well, the independent board doesn't have any standing to sue Unilever. That the only one who can sue Unilever is Unilever. That didn't hold up. The judge threw that out and the case is proceeding.
Jack
But on the other hand, Ben, you would also argue that not letting Ben and Jerry's speak up like it always has is going to begin to erode the brands that people love and start to hurt the business, Right?
Ben Cohen
Yeah, I think that's exactly right. The very values led business structure that enabled Ben and Jerry's to become what it is today. So profitable. And sell so much ice cream is exactly the thing that Magnum is eroding, is trying to kill.
Jack
So let's talk now about the hashtag that you launched last year. Free Ben and Jerry's.
Nick
Yeah.
Jack
Your plan is to free Ben and Jerry's from Magnum, its new corporate owner.
Ben Cohen
Yeah.
Jack
And you've. You flew to Amsterdam to petition the board to, come on, guys, let me buy this back. I love this brand. I think I can do a better job than you guys can. And let's be honest, it's become a headache for you. Right. Let me take this off your hands. I'll compensate you for it then.
Nick
You know, forget the SpaceX IPO. Jack and I think this could be the most exciting M and A deal of the year right here. Can you walk us through the specific plan? Have you made an offer to Magnum? What is that offer look like?
Ben Cohen
So, about two years ago, Magnum Unilever announced that they're going to spin off their entire ice cream business. And at first, they were looking to sell it to PE or other conglomerates. And. And at that time, Jerry and I went to them and we said, hey, as long as you're getting rid of the whole business, why don't you just split off Ben and Jerry's so that we can get it sold to some socially conscious investors and resolve this problem? And Unilever refused to do that. But we were very public about calling for socially conscious investors to come and invest in Ben and Jerry's. And some of them showed up, and some of them made an offer or attempted to make an offer to Unilever, but they refused to engage. You can't really come up with an actual price that you're offering unless you see the books, unless you see the numbers. So Unilever refused to let them see it. And so they could only say, yeah, we're interested, but they couldn't make an actual offer. So now some of those investors are still around. They're still interested in buying the company when Magnum finally sees the light and agrees to sell it.
Nick
Let's put the numbers aside for a second. Ben, can you share us more about what Ben and Jerry's 2.0 would look like if you owned it? How would it be different? And how would it be similar?
Ben Cohen
Well, I think it would be a lot like Ben and Jerry's 1.0. It would have the same values. It would be, you know, right now it would be speaking out against the policies of the Trump administration. What's going on now in the country is the biggest attack on the values of Ben and Jerry's since the company was founded. And Magnum has prevented the company from speaking out on those issues. Has prevented the company from speaking out in support of the values that the company is based on. So, you know, and I also think that, you know, Ben and Jerry's 2.0 as you call it, that would be the proper term. I agree with that. Maybe we would get involved in. Maybe we'd get into other products besides ice cream.
Nick
Then on that note, you know, I guess this brings up the other question, which is, remember that episode of Curb youb Enthusiasm where Larry David starts a spite store? It's a spite coffee shop, Latte Larry's,
Jack
which is right next to Mocha Joe's. Yeah. Its whole purpose is just to steal business from his enemy.
Nick
Why not start again? Why not start a new business?
Jack
You mean if Magnum refuses to sell? Yeah, you could just start.
Nick
Start something fresh.
Jack
Start Jerry and Ben and compete head on. This is kind of like Taylor Swift launching Taylor's version of all her song.
Nick
Yeah. And with your new company, you could launch protein infused adaptogen enhanced smoothie ice cream powder. You know, like do stuff they would never want to do.
Ben Cohen
You know, it's interesting. I mean, people have suggested that and I've said, you know, look, when we started Ben and Jerry's, Jerry and I were 26 and we had a whole lot of energy. And you know, as a percentage of energy available, I'm working as hard as I was back when I was 26. And you know, as I've gone through this now for close to a year in the fall, it'll be a year that the free Ben and Jerry's campaign has been going on. And yeah, this has been a 247 thing for me. This has taken over my life. And I guess if I realized at the time that I started that, that, well, I could start another ice cream business instead, maybe I would have done it because, I mean, I just didn't. I didn't realize. You know, Jerry says sometimes I don't really think ahead that far. And I didn't realize, you know, how much energy and effort and freeing Ben and Jerry's was gonna take. I mean, it doesn't help. It's become the biggest selling ice cream, Ben.
Nick
That's what great entrepreneurs do, though. Also, it kind of goes back to your founding story. If you'd known what it would be like and the pain and the challenges along with it, you never would have been started it in the first place.
Ben Cohen
It's True.
Jack
So Ben, you just referenced Jerry. It sounds like he knows you better than anybody. You started a business with your best friend. Something everyone warns you not to do because you know, friendship can get in the way of business. Nick and I did the same thing. Nick was my freshman year college roommate. After freshman year we sublet a place from UVM kids right on College street in Burlington. When I studied abroad in Berlin, Nick visited me. When Nick transferred to Brown, I still visited him on the Brown campus. Why do you think launching a business with your best friend was the right move?
Ben Cohen
Why was it such a great move? Well, because Jerry is Jerry. You know, I mean, we have very, very similar values. We have very, very similar outlooks on life. We were both fat as kids. And we had a couple of rules when we started our business. One was that if we have a disagreement, all that needs to happen is that one person needs to say I feel really strongly about this. And then the other guy says, okay, you get your way. And the other thing was that we each had a veto power and I don't think we ever used it.
Nick
That's amazing.
Ben Cohen
Yeah, I mean the biggest argument we had was about the size of the chunks.
Nick
Did you go bigger? We hope you aired on bigger.
Ben Cohen
Right. I was the guy who wanted them really big. Jerry, you know, Jerry was the guy making the ice cream. And it's hard to make ice cream with really big chunks. And you know, and he also felt like, you know, if the chunks are bigger, there weren't going to be as many of them. And sometimes people would get a spoonful of ice cream that didn't have a chunk at all and they'd be pissed off and it's frustrating. They would be okay with it as long as the next spoonful had a really big one.
Nick
As we're getting to the end here really to kind of crystallize a core point and the core crux in question. A lot of our listeners are curious about Jack and I have noticed some companies put pros before cos. They put profits before customers. While you put customers before profits, you've done the opposite of what most companies would do. So we're curious if that's more profitable in the long term or as Jack and I were saying to put it, does this create an ice cream sundae effect or an ice cream headache?
Ben Cohen
I think profits is what you get when you've done a good job of meeting your customers needs. I think businesses that are profit pursed are. I think a lot of them fail. It needs to be about satisfying a need the need is not for your business to make a lot of money. The need is to solve somebody's problem.
Jack
Well, Ben, thank you so much for your time. It's an inspiring story. But before we go, we'd love to hit you with some rapid fire questions.
Nick
If you got two more minutes. We got a few rapid fires for you.
Ben Cohen
Hit me, baby.
Nick
Here we go. Ben. What is the best Ben and Jerry's flavor?
Ben Cohen
Chubby Hubby.
Jack
What is the best ice cream that Ben and Jerry's does not sell?
Ben Cohen
Jamocha almond fudge.
Nick
What is the best brand in America that isn't Ben and Jerry's?
Ben Cohen
Toscanini.
Jack
What's the best business book you've ever read?
Ben Cohen
Net positive by Paul Pullman.
Nick
Best business leader who you admire.
Ben Cohen
Geez, would I have to say Paul Pullman again?
Nick
We'll take it.
Jack
What's the best restaurant in Vermont?
Ben Cohen
You know, I was just at Fancy's the other night for the first time in the old North End, it is incredible. And then there's Poco.
Jack
I just heard about Fancy's this weekend.
Ben Cohen
Yeah.
Nick
And Ben. If you, Ben Cohen, co founder of Ben and Jerry's were a stock, what would be your three or four letter stock ticker symbol?
Jack
If you were a publicly traded stock, what are the three letters that you would list on the stock exchange for
Nick
when you take Ben and Jerry's 2.0 public one day?
Ben Cohen
E. Oh, that's good.
Nick
Eat. I was going to say L I, C, K lick but I was going
Ben Cohen
to say L I, C K 2.
Nick
But that's four. And finally, like we end every episode. Jack and I always whip up a takeaway on the Pop Biz Story. So Jack, you've got the honors.
Jack
So Ben, what is the takeaway on Ben and Jerry's and the company's brand save?
Ben Cohen
Ben and Jerry's. Go to freebenandjerry's.com and you'll have great ice cream with best values forever.
Nick
But Ben, there's one question I'm still dying to ask that we didn't totally answer, which was you teased that there would be other things beyond ice cream you would launch. What would be maybe one of those things that's in your head?
Ben Cohen
Well, you know, I think there's. I think there's some. I think you could do something with some candy bars. I think there's a void in the marketplace. And when I grew up, candy bars were a nickel. Now you can make some real money on candy bars.
Nick
Yeah, you can. And Jack, I think because your mom's the OG shareholder. I think she may deserve a couple candy bars. You know, just as a nice little gift.
Jack
Yeah. Ben, can I get your verbal commitment that when you're prototyping that candy bar, I can have one of the samples to taste?
Ben Cohen
You got it.
Nick
Ben Cohen, fantastic to have you. You with us. Thank you so much for your time.
Ben Cohen
Appreciate you guys. Thank you.
This lively episode of The Best One Yet features a candid and spirited interview with Ben Cohen, the co-founder of Ben & Jerry’s. The conversation traces the iconic ice cream company’s unusual startup story, its legendary local IPO, the social mission that defined its brand, and the battle to preserve its activist legacy in the face of corporate pressures after its sale to Unilever. The episode is filled with business insight, personal anecdotes, and the sometimes hilarious, sometimes bittersweet realities of running a values-driven company. Throughout, Ben’s voice is direct, witty, and unapologetically earnest.
[00:47–04:00]
[05:55–07:54]
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[21:27–25:29]
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[48:26–49:36]
[49:36–50:41]
Ben and Jerry’s is proof that values, customer-centricity, and fun can go hand-in-hand with business growth—but only when those values are protected at every stage, even after the founders exit. For Ben, putting community and purpose before profit was not just marketing spin—it's the secret sauce that built a billion-dollar brand with a lasting soul.
Ben Cohen leaves the audience with an invitation to join his cause (“freebenandjerrys.com”) and a playful hint at future product dreams (“candy bars—there’s a void in the marketplace!” [49:59]).
The episode closes on themes of authenticity, the power of co-founder friendship, and the enduring challenge of preserving a mission against the tides of corporate consolidation.
For more details, listen to the full episode of The Best One Yet, June 19, 2026.