Tomasella v. Nestlé USA, Inc.
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Karla Rivera
CoPIs:
Belle Burns, Lirianni Adames, Nadia Abdalla, Sunday Adeyemi
College:
College of Business and Public Management
Major:
Marketing
Faculty Research Advisor(s):
Dawn Adams-Harmon
Abstract:
This case was a United States Court of Appeals for the First Circuit. In 2018, Danell Tomasella, and on behalf of others in a lawsuit against Nestle, pursued legal action against Nestle for not disclosing on their packaging the worst kinds of child labor happening in their cocoa supply chains. Tomasella felt that it deceived consumers into supporting this child labor. They felt their role in this child labor broke human rights laws such as ILO Convention No. 182 and the United Nations' 1948 Universal Declaration on Human Rights. There have been unfair trade practices and state regulations that should have been regulated. There was a considerable focus on Child labor in agriculture, armed conflict, domestic work, child trafficking, slave labor, forced labor, etc, throughout this case. There was a violation of Chapter 93A. Child labor is a significant problem in the cocoa industry, with many children being forced to work in hazardous conditions for long hours without proper pay or protection. The use of child labor is not only unethical but also illegal under international labor standards. Plaintiff Danell Tomasella filed suit against Defendanr Nestle USA, Inc., alleging a violation of Chapter 93A.