Hershey, Nestle, and Mars Sued in Child Slavery Class Action

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Three separate false advertisement class action lawsuits have been filed by California consumers against The Hershey Co., Nestle USA Inc., and Mars Inc., claiming these chocolate product manufacturers failed to inform the public that they make their chocolate snacks and treats using cocoa beans harvested by child slaves in Africa.

Plaintiffs Robert Hodson, Elaine McCoy, and Laura Dana respectively filed the Mars class action lawsuit, the Nestle class action lawsuit, and the Hershey class action lawsuit. These plaintiffs claim that had they and other consumers been informed of the illegal labor practices allegedly employed by Mars, Nestle, and Hershey, then they would not have bought the chocolate products.

“These companies should not turn a blind eye to known human rights abuses or shirk from investigating and preventing potential human rights abuses by their suppliers, especially when the companies consistently and affirmatively represent that they act in a socially and ethically responsible manner,” the three Mars, Nestle and Hershey child slavery class action lawsuits state.

“And when these food conglomerates fail to disclose the use of child and slave labor in their supply chains to consumers, they are deceived into buying products they would not have otherwise and thereby unwittingly supporting child and slave labor themselves through their product purchases,” they continue.

Furthermore, all three class action lawsuits point to a study performed by Tulane University that found that 4,000 children, many of whom were kidnapped or sold into slavery, were allegedly forced to work on cocoa plantations off the Ivory Coast.

These child slavery class action lawsuits seek certification for numerous California consumer Classes who purchased chocolate products from Mars, Nestle, and Hershey over the past four years. The plaintiffs bring several allegations against the three chocolate companies, including claims of violating California’s Unfair Competition Law, Consumer Legal Remedies Act, and False Advertising Law.

The Mars, Nestle, and Hershey child slavery class action lawsuits were filed after Nestle and a group of other popular food manufacturers petitioned the U.S. Supreme Court to overturn the Ninth Circuit ruling that permitted three former child slaves, who previously were forced to work at a Mali cocoa plantation, to sue these food giants.

Nestle is also currently under fire in a separate false advertisement litigation brought against the food company by consumers who claim that Nestle’s Thai seafood supplier uses “sea slaves” to produce the material that goes into Nestle’s Fancy Feast cat food products. The plaintiffs of this Nestle Fancy Feast sea slaves class action lawsuit are represented by the same legal counsel working on the Mars, Nestle, and Hershey child slavery class action lawsuits.

The plaintiffs in all three class action lawsuits are represented by Steve W. Berman, Ashley A. Bede, Elaine T. Byszewski and Christopher R. Pitoun of Hagens Berman Sobol Shapiro LLP.

The Mars, Nestle, and Hershey Child Slavery Class Action Lawsuits are Robert Hodson, et al. v. Mars Inc., et al., Case No. 3:15-cv-04450; Elaine McCoy, et al. v. Nestle USA Inc., et al., Case No. 3:15-cv-04451; and Laura Dana, et al. v. The Hershey Co., et al., Case No. 3:15-cv-04453, all in the U.S. District Court for the Northern District of California.

UPDATE: On Mar. 29, 2016, a California federal judge dismissed two class actions against Nestle and Hershey alleging that the companies should disclose on their packaging that their cocoa beans are harvested by child slaves.