Hershey’s Chocolate Child Labour Lawsuit Filed

Hershey Canada is facing a class action lawsuit after an Ontario man says he and other Canadian consumers would not have purchased Hershey’s chocolate had they known it was produced using child labour.

Lead plaintiff, Mark Reynolds, alleges in the Hershey’s chocolate class action lawsuit that despite representations that the company operates in a socially and ethically responsible manner, child and even slave labour are prevalent in its supply chains. The plaintiff says he and other consumers would not have purchased or paid so much for Hershey’s chocolate had they known about these labour practices.

“The Defendants consistently represent to Canadian consumers that they oppose the use of child labour and slavery,” contends the class action lawsuit. “Contrary to these representations, the Defendants permit, encourage and benefit from child labour and slavery in their supply chains.”

The Hershey’s chocolate class action lawsuit was filed in British Columbia and Reynolds says that he made multiple purchases of Hershey chocolate products in that province. He says that he would not have made those purchases had Hershey disclosed the use of child labour and slavery in its supply lines – and he bets that other Canadian consumers feel the same way.

According to the Hershey’s chocolate class action lawsuit, the company, based in Pennsylvania, has stated on many occasions that it is “committed to the elimination of the ‘worst forms of child labor.’” These forms of child labour are defined by the International Labor Convention, says the complaint, and include:

• Keeping children from school to work
• Forcing children to carry heavy loads that affects their development
• Allowing children to be present while farm chemicals are used
• Allowing children under the age of 14 to use sharp tools
• Trafficking and forcing children to work
• Use of compulsory labour or slavery, including in supply lines
• Using threats, coercion, or other means to exploit children

The complaint contends that the above “worst forms of child labor” are rampant in Hershey’s supply chain, beginning with cocoa supplied by the Ivory Coast.

“The Defendants purchase cocoa from Ivory Coast producers who use child labour and slavery,” alleges the Hershey’s chocolate class action lawsuit. “By purchasing cocoa produced using child labour and slavery, the Defendants both encourage and benefit from this slavery. As a direct result of the Defendants’ actions, not only does child labour and slavery continue to be used in cocoa production, its prevalence is actually increasing”

The complaint details a report of the U.S. Department of Labor describing the tortuous conditions of children who work on cocoa farms in the Ivory Coast area. Children allegedly work early in the morning, using machetes and chain saws to grow and harvest cocoa beans. They carry heavy loads, sometimes over 100 pounds, according to the report, and are beaten if they work too slowly. Former child labourers say, according to the complaint, that they were locked in at night to prevent escape.

The report also allegedly indicates that these practices have been increasing in the region, up by 46 percent, between 2008 and 2014. During that time, Hershey made $15 billion in profits. Allegedly, between 2013 and 2014 there were over 1.1 million child labourers in Ivory Coast.

Reynolds says that he and other Canadian consumer had no idea such practices were used to source the chocolate they purchased from Hershey. The class action lawsuit is seeking damages, along with a court order requiring Hershey to declare that it failed to warn consumers about the use of child labour in the making of its products, among other items.

Have you purchased Hershey’s chocolate? Are you surprised by the allegations that it may have been made using child labour? Tell us in the comments below!

The plaintiff is represented by Kirk M. Baert, Celeste Poltak, and Adam Tanel of Koskie Minsky LLP.

The Hershey’s Chocolate Class Action Lawsuit is Reynolds v. Hershey Canada Inc., et al., Case No. S-200679, in the Supreme Court of British Columbia, Canada.

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