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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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50 thoughts onSupreme Court to Consider if Nestle, Cargill May Face Lawsuits For Child Labor Abuses
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Yes. They should be held liable. Abuse is abuse, no matter where it happens. If consumers in the US purchase products from companies that knowingly used children, many who were abused and may have been kidnapped, to make ingredients for their products, than we as consumers unknowingly helped these companies profit off child abuse. Had we known, we could not of purchased these products and we could have fought for the rights of these children, after investigating how and why they ended up in these slave labor facilities and camps, to be released of their duties or to pass laws that these companies that are profiting off these abused children, demand weekly exams of the conditions of the facilities, the childrens health and well being, proper clothing and pay, and documentation from the parents or guardians, or someone acting on behalf of the children, that they have the legal right to work, that there is a need for these children to work, (i.e. sick parents, have to help younger siblings with food, clothing, etc), and they are healthy enough to work. They should get dental and health care thru the company, with documentation that they are receiving it.
Had we known, we could have demanded these things. We weren’t given that opportunity. So, the companies should be held liable financially for aiding and profiting off the abuse of children. I have a lot of Nestle’s products in my home. No chocolate right now, but in the past I have, and I do not feel comfortable giving a company my money that contributes to the abuse of children just because they can. And than hide it from the consumers that are spending hard earned money on their products. I feel like I was scammed. I feel like I abused these children, just to buy a candy bar or hot cocoa mix. Who heads these companies? Have they no morals or ethics? Have they no scruples? Is the almighty dollar worth the torture and starvation of a child?
Never! I don’t care what country these children are in. Abuse is abuse and it is globally illegal!!!
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It’s child abuse on a gross scale. Please add me.
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