Hershey’s Chocolate Uses Child Labour And Slavery, Class Action Lawsuit Alleges

Hershey is accused of using child labour and slavery to manufacture goods sold throughout Canada.

The Hershey’s class action lawsuit, which was filed in March 2020, names The Hershey Company and two of its subsidiaries: Hershey Chocolate & Confectionary Corporation and Hershey Canada Inc.

“The child labour and slavery prevalent in the Defendants’ supply chain are so abhorrent, that failure to disclose these practices amounts to a misrepresentation to Canadian consumers,” plaintiff Scott Leaf argues in the Hershey slavery class action lawsuit.

Leaf alleges that Canadians would not purchase Hershey products, or would not pay as much for them, if they were aware that the company relied on child labour and slavery in its supply chain.

Leaf filed the Hershey slave labour class action lawsuit on behalf of all Canada residents who purchased Hershey’s chocolate products and who, if they had known that the Hershey defendants used child labour and slavery in their supply chain, would either have not purchased or paid less for the Hershey chocolate products.

Class Action Lawsuit: Hershey Misleads Consumers About Opposition to Child Labour

The complaint points to several alleged misrepresentations by Hershey that give the impression the company is against child labour and slavery. On Oct. 3, 2012, the Hershey defendants allegedly stated their support for “programs to help eliminate child labor in the cocoa regions of West Africa.”

Hershey also allegedly misrepresented its efforts in rooting out forced labour from their cocoa supply chain, and explicitly stated in a 2014 Corporate Social Responsibility Report that Hershey has “zero tolerance for the worst forms of child labor in its supply chain.”

According to the Hershey’s chocolate class action lawsuit, the company’s Supplier Code of Conduct indicates that certain child labour practices are prohibited in the supply chain, including keeping children from school to work on the farm; carrying heavy loads that can harm their physical development; preventing young children from using sharp implements; and the trafficking and exploitation of children.

“In reality, the practices listed above, which the Defendants purport to prohibit, are rampant in the Defendants’ supply chain,” the Hershey child labour class action lawsuit states.

Plaintiff Says Child Labour and Slavery are ‘Prevalent’ in Supply Chain

The Hershey defendants have been a major buyer of Ivory Coast cocoa beans for more than five decades, according to the class action lawsuit. They allegedly purchase cocoa from producers on the Ivory Coast who utilize child labour and slavery.

“By purchasing cocoa produced using child labour and slavery, the Defendants both encourage and benefit from this slavery,” the Hershey slave labour class action lawsuit states. “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 plaintiff points to a recent report by the U.S. Department of Labor, which found that the number of children doing hazardous work in cocoa production grew by 46% from 2008-2009 through 2013-2014. During this same timeframe, the Hershey defendants allegedly enjoyed more than $15 billion in profits.

Consumers Unaware that Child Labour Is Used to Make Hershey Products

The class action lawsuit notes that there is no disclosure on Hershey product packaging regarding the use of child labour and slavery in the manufacture of its products.

“Consumers have become sensitive to the human cost behind the products that they buy,” the Hershey slave labour class action lawsuit says, noting that studies have shown that consumers are willing to pay a higher price for products that have been certified as not using child labour in their manufacture.

This isn’t the first legal action taken against Hershey over slavery and child labour allegations. Hershey Canada was hit with a similar class action lawsuit from a plaintiff who alleges he would not have purchased Hershey’s chocolate if he had known the company used child labour to produce the product.

The Hershey defendants are not the only companies to come under fire for allegedly benefiting from human rights abuses. Earlier this year, a Canadian mining company reached a landmark settlement over allegations of slavery, forced labour, torture and crimes against humanity perpetrated during the construction of a copper and gold mine in Eritrea.

Have you purchased Hershey’s chocolate products? Will the allegations that child labour was used to make Hershey’s chocolate affect your future purchasing decisions? Let us know what you think in the comments below.

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

The Hershey’s Chocolate Child Labour Class Action Lawsuit is Scott Leaf v. Hershey Canada Inc., et al., Case No. S-202785, in the Supreme Court of British Columbia, Canada.

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