Child Slavery: “Those Who Deny Freedom To Others Deserve It Not For Themselves.” Abraham Lincoln.

Plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast in West Africa, working up to 14 hours a day six days a week with only scraps of food to eat. They filed claims under the Alien Tort Statute [28 U.S.C. §1350] against American companies alleging they aided and abetted child slavery by providing assistance to Ivorian farmers. The federal trial court dismissed the action, finding plaintiffs failed to state a claim.  After calling the situation a humanitarian tragedy and noting that thousands of children are forced to work without pay in the Ivorian economy, the Ninth Circuit reversed. The appeals court noted: “The allegations suggest a myopic focus on profit over human welfare drove the defendants to act with the purpose of obtaining the cheapest cocoa possible, even if it meant facilitating child slavery. These allegations are sufficient to satisfy the mens rea required of an aiding and abetting claim. . .” (John Doe v. Nestle USA, Inc. (Ninth Cir.; September 4, 2014) (As Corr. November 12, 2014) 766 F.3d 1013.)