Hershey, Nestle, other cocoa companies defeat appeal of child slavery lawsuit
(Reuters) -A federal appeals court on Tuesday rejected a proposed class action by eight Malian citizens who sought to hold Hershey, Nestle and five other companies liable for child labor on Ivory Coast cocoa farms.
In a 3-0 decision, the U.S. Court of Appeals for the District of Columbia Circuit found no causal connection between the plaintiffs' forced labor and the defendants' alleged venture to obtain "cheap cocoa harvested by enslaved children."
The plaintiffs said they were required to live in squalor and threatened with starvation if they did not work, after being approached by unfamiliar men who falsely promised paying jobs.
They sued under a federal law protecting children and other victims of human trafficking and forced labor.
Circuit Judge Justin Walker, however, said the plaintiffs alleged at most they worked in areas that supplied cocoa to the defendants, which buy an estimated 70% of Ivorian cocoa, rather than specific farms that supplied the cocoa.
"Is there a 'possibility' that at least some of the importers sourced cocoa from those farms? Yes," Walker wrote. "But is it 'plausible'? Not on this complaint."
Other defendants included privately-held Cargill, privately-held Mars, Mondelez International, Barry Callebaut and Olam International.
Mali and the Ivory Coast share a border in West Africa. A trial judge ruled for the defendants in June 2022.
Terry Collingsworth, a lawyer representing the plaintiffs, said his clients were "extremely disappointed" and considering their legal options.
"The court rewarded the chocolate multinational defendants ... for concealing their cocoa supply chains, such that former child slaves are unable to link a specific company to the Cote d'Ivoire (Ivory Coast) farms where they were enslaved," he said.
In March 2024, the same court dismissed a similar lawsuit seeking to hold five major technology companies including Apple and Tesla liable for child labor in cobalt mining in the Democratic Republic of the Congo.
Collingsworth represented the plaintiffs in the cobalt case.
The case is Coubaly et al v Cargill Inc et al, D.C. Circuit Court of Appeals, No. 22-7104.
(Reporting by Jonathan Stempel in New YorkEditing by Alexandra Hudson)
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
2 days ago
- Yahoo
9-year-old dies at Hersheypark's The Boardwalk water park: 'Our deepest condolences'
A 9-year-old child died on Thursday after visiting Hersheypark's water park in Hershey, Pennsylvania, according to the company. Officials said lifeguards attempted life-saving efforts after noticing the child was in distress at The Boardwalk, the park's themed water attraction. "Tonight, a nine-year-old guest was tragically lost at The Boardwalk at Hersheypark," Hershey Entertainment & Resorts CEO John Lawn said in a statement. 'Tilt' Roller Coaster At Cedar Point Malfunctions For 3Rd Time Since Opening, Leaving Riders Suspended In Air "From the moment our lifeguard team recognized that a child was in distress, they performed an immediate rescue, followed by continuous, coordinated life-saving efforts by our lifeguards, on-site first responders, and medical personnel," he continued. The child was transported to Milton S. Hershey Medical Center and was pronounced dead. The cause of death was not immediately known. Read On The Fox News App "Our hearts break for this child and the child's family," Lawn said. "We extend our deepest condolences for their loss." Lawn did not disclose the attraction where the incident happened. He also did not reveal the child's identity or any personal details out of respect for the family's privacy. The Boardwalk features 16 different water attractions, including the "Whitecap Racer", a mat racing water slide, and "The Shore," a 378,000-gallon wave pool. Lawn said the company will conduct an internal review and cooperate fully with authorities. Disneyland China Visitors Caught On Camera Brawling Over Apparent Line-cutting Dispute He said that the safety of guests has always been the highest priority. "To every family who visits Hersheypark, please know this: your safety and well-being drive every decision we make," Lawn said. "We will thoroughly investigate this tragedy and honor the memory of this young guest by continuing our focus on ensuring the safety of our guests at Hersheypark."Original article source: 9-year-old dies at Hersheypark's The Boardwalk water park: 'Our deepest condolences' Solve the daily Crossword
Forbes
3 days ago
- Forbes
U.K. Risks Being A Dumping Ground For Goods Made Using Forced Labor
A young person sifts through stones at a cobalt and copper mining pit on May 25, 2025, in Kolwezi, ... More Democratic Republic of Congo. (Photo credit:) On July 24, 2025, a Parliamentary committee in the United Kingdom published a report warning that the U.K. has fallen behind in its approach to addressing forced labor in supply chains and is at risk of becoming a dumping ground for goods made using forced labor. The report produced by the Joint Committee on Human Rights, a committee consisting of members of both Houses of Parliament (House of Commons and House of Lords) to examine matters relating to human rights within the United Kingdom, found that human rights abuses are so pervasive in key sectors it is inevitable these goods are entering the U.K. market, as no effective safeguards are in place. The report recommends, among others, that import bans should be established for goods linked to forced labor, in line with the approach taken by the United States and the European Union. The Joint Committee on Human Rights received significant amount of evidence of modern day slavery in the supply chain reaching the U.K. It identified that the U.K. imports over $26 billion of goods from five sectors where high levels of forced labor are found: electronics, garments, fish, timber and textiles. There is also evidence of human rights abuses in other industries – a BBC World Service report uncovered evidence of processed tomatoes labeled as being from Italy were in fact highly likely to have been produced using forced labor in China. In relation to modern day slavery in the garments industry, the report raised the concern that, as reports suggest, 1 in 5 garments made from cotton have been linked to forced labor in the Xinjiang area of China, a community subjected to crimes against humanity and genocide in the country. The Committee heard from Rahima Mahmut, of the World Uyghur Congress, about the dire situation of the Uyghurs and other minority groups, including discriminative forced labor and re-location practices that they are subjected to in China, including the separation of families. The Committee noted that many of the cotton products coming to the U.K., may be tainted in forced Uyghur labor in Xinjiang, and retailers cannot guarantee that this is not the case. Among others, the Committee raised that when retailer Shien gave evidence to the Business and Trade Committee, their representative could not confirm whether cotton from Xinjiang was used in clothing sold to U.K. consumers. The report further noted that evidence suggests that North Korean workers are being subjected to forced labor on Chinese fishing vessels. This is said to be part of North Korea's export of its citizens as laborers in order to raise funds for the regime, including its weapons programs. The fish caught by North Korean workers are sent to China for processing before being sold on to markets in the Europe and the United States. In 2023, Britain imported £307 million worth of fish from China, making China the U.K.'s second largest supplier of fish. The Committee also heard from Michael Rudin, the Executive Producer of the BBC World Service investigation 'Blood on the Shelves.' The investigation found evidence that processed tomatoes were being sold in the U.K. and labeled as being from Italy despite highly likely being produced in China under forced labor conditions. Furthermore, the Committee noted that solar panels are at a high risk of exposure to forced labor due to their reliance on polysilicon largely mined and processed in regions with high risks of exposure to forced labor. Katherine Bryant, Director of Operations, Walk Free, told the Committee that due to a lack of traceability, it is almost impossible to know if any solar panel sold in the U.K. is free from forced labor or not. Lastly, the Committee noted the reports of alleged forced labor and child labor in the mining industry. In particular, there is evidence of the use of child labor in artisanal mines in the Democratic Republic of Congo (DRC). As the DRC sources around 70% of the world's cobalt, a key ingredient in lithium-ion batteries and magnets, it is likely that minerals sourced in the DRC will have entered U.K. supply chains. The report makes a very strong case that U.K.'s current legal and regulatory frameworks are inadequate for confronting the complexity of abuses in global supply chains. It notes that businesses should be mandated to undertake due diligence of their supply chains, with penalties levied for non-compliance and new routes for victims to bring their case to U.K. courts. The report further recommends that import bans should be established for goods linked to forced labor, in line with the approach taken by the United States and in the European Union. In the United States, the law creates a rebuttable presumption that all products coming from Xinjiang, China, are tainted in modern day slavery, unless proven otherwise. The report calls upon the government to set out who is responsible for identifying and seizing these illicit goods and establish robust oversight mechanisms for the new import ban. Chair of the Joint Committee on Human Rights, Lord David Alton commented: 'Over the course of this inquiry we have seen evidence of human rights abuses in a wide range of industries that are a major part of U.K. trade. Other nations have progressed in eradicating these appalling abuses from their supply chains, but the UK has been left behind. Global supply chains are highly complex and abuses can be well hidden. A voluntary system is not going to be enough to root out wrongdoing. We are calling for a range of measures to give the UK robust protections against these goods entering the market.' The U.K. Government will now have to respond to the report and explain whether and how it will implement the recommendations. The U.K. is not alone with the problem. Too many countries globally do not have effective laws, policies and mechanisms that would equip them to combat modern day slavery in the supply chain. The global problem of modern day slavery requires truly global responses. This is also where consumers buying the goods tainted in modern day slavery have to speak out and make it clear that they do not want to be part of the crime.
Yahoo
4 days ago
- Yahoo
US court dismisses child-labour claims against cocoa importers
Nestlé, Hershey, Mars are among cocoa importers to have defeated an attempt to revive allegations they benefited from child slavery on cocoa farms in Côte d'Ivoire. The US Court of Appeals for the District of Columbia Circuit rejected the proposed class action lawsuit from eight plaintiffs, each a citizen of Mali, who sought to blame Hershey, Nestle, Mars, Mondelez International and three other companies for human trafficking. According to the plaintiffs, they were forced to work as children on farms after being promised well-paying jobs in remote areas of the west African country. They also allege that it was months or years before they were able to return home. However, the appeals court found there was no link between the plaintiffs' forced labour and the importers. US Circuit Judge Justin Walker wrote the 'plaintiffs in this case deserve the greatest sympathy and the people who took away their childhoods deserve the greatest condemnation. 'But the plaintiffs did not plausibly allege a connection between those people and the importers. The plaintiffs, therefore, lack standing to sue the importers.' Walker also wrote: "Is there a 'possibility' that at least some of the importers sourced cocoa from those farms? Yes, but is it 'plausible'? Not on this complaint.' As a result, the court concluded the plaintiffs did not 'connect the defendants to any specific cocoa plantations,' as they made no mention of which specific plantations they worked on as children. A lawyer representing the plaintiffs, Terry Collingsworth, said his clients were "extremely disappointed" and are "considering their legal options.' According to Reuters, the lawyer said the court 'rewarded the chocolate multinational defendants ... for concealing their cocoa supply chains, such that former child slaves are unable to link a specific company to the Cote d'Ivoire (Ivory Coast) farms where they were enslaved'. "US court dismisses child-labour claims against cocoa importers" was originally created and published by Just Food, a GlobalData owned brand. The information on this site has been included in good faith for general informational purposes only. It is not intended to amount to advice on which you should rely, and we give no representation, warranty or guarantee, whether express or implied as to its accuracy or completeness. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
