Supreme Court to Consider if Nestle, Cargill May Face Lawsuits For Child Labor Abuses

Claims that food giants such as Nestle and Cargill use cocoa produced using child labor practices may find a legal avenue for human rights abuses under a pending ruling by the U.S. Supreme Court.

The Milwaukee Star Tribune reports that the Supreme Court is set to examine whether Nestle and Cargill can be held responsible for using cocoa produced with child labor, including forced labor, imprisonment, malnourishment, and even the alleged abduction of boys to work on farms in Ivory Coast.

If the Supreme Court finds that these large manufactures can be held legally responsible for these human rights abuses, the ruling could mean legal action, including class action lawsuits, for other large companies that enjoy low-priced commodities derived from cheap or free child labor.

Child Labor Used in Chocolate and Tech, Say Class Action Lawsuits

Consumers have attempted to use class action lawsuits to hold manufacturers responsible for the use of child labor to produce their products.

In early 2020, Starbucks, Mars, and Quaker were accused of deceiving consumers about the source of cocoa used in their products. A class action lawsuit claimed that the companies utilized cocoa produced with child labor while representing that the products were “ethically sourced.”

In 2019, a class action lawsuit was filed against Apple, Microsoft, and other technology companies over the use of child labor to mine minerals that ended up in their products. The plaintiffs alleged that the tech giants knew that children were exploited and even died to produce cobalt, tungsten, and other materials; however, represented to the public that they were attempting to prevent such horrors.

In addition, Hershey faces a recent class action lawsuit in Canada from consumers who say that they would not have purchased the chocolate had they known of the child labor practices involved in the production of the cocoa.

Does the U.S. Stand Against Human Rights Abuses?

At issue in the pending Supreme Court case is the Alien Tort Statute Act, a law from the 1700s. Reportedly, Cargill and Nestle contend that the law was never meant to apply to them and the purchase of ethically dubious materials. They also claim that allowing lawsuits alleging human rights abuses in their production claim would lead to a deluge of meritless legal claims.

Advocates disagree, pointing out that should Cargill and Nestle be found immune from such claims, the U.S. would be taking a “serious step backward” in its leadership of human rights.

Americans like to think they champion human rights across the world, say legal experts. However, the U.S., thus far, has not come up with a way to enforce human rights effectively.

“If you don’t have a duty holder to protect someone’s rights, you only have the words and the pious-sounding rhetoric. You don’t have the guarantee that you will ever realize those human rights in practice,” Christopher Roberts, a University of Minnesota professor of law, told the Star Tribune. “It’s only half the equation.”

Do you think Cargill, Nestle, and other companies should be held responsible if they know child labor is used in their production process? Tell us in the comment section below.

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