Court Rules in Favor of Nestlé Regarding Non-Disclosure of Slave and Child Labor

by

Editorial Policy

Published on

Last updated on

Photo by Pablo Merchán Montes

[A] putative class action lawsuit filed against Nestlé USA, Inc., Tomasella v. Nestlé, No. 18-cv-10269 (2019), alleged that Nestlé benefitted from unjust enrichment based on the company’s failure to disclose that its chocolate products likely contain cocoa beans farmed by child and slave labor from suppliers in Côte d’Ivoire. While Nestlé admits that some of its cocoa is sourced from the area, which has well-documented widespread practices of child and forced labor in the cocoa industry, a federal court in the District of Massachusetts found it was not deceptive for the company to omit those practices from its label.

Despite finding the plaintiff’s statements true, the court did not find Nestlé at fault. Nestlé’s omission of slave and child labor were not false statements, the court considered the practice a “pure omission,” meaning the company had said nothing in a circumstance that does not give any meaning to that silence. The ruling is consistent with several other cases brought under California’s consumer protection laws, which also found that businesses have no duty to disclose these types of supply chain labor practices.

Share This Article

Fresh Cup Staff

Join 7,000+ coffee pros and get top stories, deals, and other industry goodies in your inbox each week.

This field is for validation purposes and should be left unchanged.


Other Articles You May Like

Battling Drought: How Climate Change and Dry Conditions Threaten Coffee Production

What happens to coffee when it doesn’t rain enough? In coffee-producing countries worldwide, drought conditions are drying up coffee cherries and threatening production.
by Bhavi Patel | July 3, 2024

The Transformative Value of Intercropping Coffee and Avocados at Fazenda Minamihara

Long believed to be detrimental to quality, how one farm showed intercropping coffee bushes with other plants can improve coffee and increase biodiversity.
by Nick Castellano | June 28, 2024

Everything You Need to Know About the EU’s Deforestation Legislation

The European Union’s Deforestation Regulation (EUDR) started with good intentions, but may drastically change the way coffee is grown, sold, and consumed. 
by Fionn Pooler | June 14, 2024

In Nicaragua, Women Coffee Pickers Balance Work, Children, and Life

If you drink specialty coffee, you’re drinking something that was handpicked. Here’s a peek into the lives of women coffee pickers in Nicaragua.
by Malena Kruger | June 12, 2024