Nestle sued in U.S. for using Thai slave-caught fish in cat food

[BudRight]

And the fishing companies that use slave labor get off scott free as always...GOOD OL THAILAND!!!

These are private Americans suing. US courts don't have jurisdiction over Thai fishing companies so the suit is against those where there is jurisdiction - sales in the US. This is about the US and consumer issues within the US and nothing more.

It's a great thing these people are doing.

no it isn't all it is going to do is give producers another reason to raise prices.....The slave labor Fishers will just find someone else to sell to and nothing will change so how is that GOOD???

Because if the only customers they can find are ones who don't care about slave labor then that will make it cheaper. That means lost revenue, which means less fishing which means less slavery.

[Maestro]

If I understand this class action suit correctly, the plaintiffs say that they suffered emotional or psychological harm after learning that the defendant allegedly used fish allegedly caught using slave labour as one of the ingredients of the food they bought for their cats because the label on the product did not indicate that slave labour was used. Interesting. I guess they will all need to get their heads examined to submit certificates from their psychiatrists regarding the extent of harm they suffered.

[Lite Beer]

COURT
Nestle sued in the US over Thai slave labour claim
THE NATION
AGENCIES

GLOBAL FOOD company Nestle is being sued in the United States over claims that its Fancy Feast cat food brand contains fish from a Thai supplier that uses slave labour.

The complaint against the Swiss food giant came just a week after it was alleged Costco Wholesale Corp - a US-based membership-only warehouse club - sold shrimp farmed in Thailand. The Thai fishing industry has continued to come under international attacks over claims it uses forced labour despite Prime Minister Prayut Chan-o-cha amending several relevant laws and introducing many tough measures aimed at combating illegal fishing and human-trafficking networks. The seafood industry and trade associations, led by the Thai Chamber of Commerce and the Board of Trade of Thailand, have also announced that they will comply strictly with new Thai laws designed to crack down on illegal fishing and human trafficking.

On Thursday four consumers filed a class-action lawsuit in a US federal court in Los Angeles seeking to represent all California consumers of Fancy Feast cat food who would not have purchased the product had they known it had ties to slave labour.

"By hiding this from public view, Nestle has effectively tricked millions of consumers into supporting and encouraging slave labour on floating prisons," said Steve Berman, managing partner of the Hagens Berman law firm.

Nestle said in an e-mailed statement that forced labour "has no place in our supply chain".

Source: http://www.nationmultimedia.com/national/Nestle-sued-in-the-US-over-Thai-slave-labour-claim-30267710.html

-- The Nation 2015-08-29

[LukKrueng]

so I guess none of you guys eat seafood here in Thailand? And the ones who do - verify with the restaurants / vendors / supermarkets that it was all legally caught by fully and fairly paid crews??

[steven100]

Nestle have a long history of unethical trading. https://en.wikipedia.org/wiki/Nestl%C3%A9_boycott

so do hundreds if not thousands of other companies in the US, EU, ME & MEA, Asia and many other countries .. it's just they don't get as much exposure .... but their trading practices are unethical.

[Seastallion]

There are going to be a lot of class action lawsuits filed over the failure to label that seafood products had been harvested using slave labor. I've been monitoring this as part of my work. This is just the tip of the iceberg. I'm not sure they can prevail on this claim for unfair and deceptive advertising. They're basically arguing that if the customers had known through labeling that slave labor was used to catch the fish, the customers would not have purchased the food products. This consumer protection law has never been used in this manner - to prosecute for failing to disclose something (other than a safety risk associated with use of the product).

In deciding whether it is an unfair and deceptive trade practice, the courts consider whether it violates some established concept of fairness, whether it is immoral or unethical, whether it is likely to cause substantial harm to consumers and whether it is dishonest and/or violates the general notion of fair dealing between sellers and buyers. The buyer does not have to intend to act unfairly. There is no intent requirement. If the conduct is conduct that most people would consider unfair, it is illegal whether or not the seller meant to act unfairly.

It's not like failing to disclose that your candy factory also makes candies using peanut products, an act that could endanger people allergic to peanuts. Or, labeling a product organic, which isn't organic.

So, the class action is quite speculative. However, there's going to be a lot of them filed, until some of the federal appellate courts make rulings.

Nice to have some-one actually in the know.

The plaintiff's claim Nestle "knowingly bought slave-caught fish". If they happened to have a leaked document, say an email from a top executive saying something like, "We have to try to avoid alerting the public etc etc..", that would make it genuine deceit, wouldn't it?

BTW....you say you follow it as part of your job....

[Seastallion]

so I guess none of you guys eat seafood here in Thailand? And the ones who do - verify with the restaurants / vendors / supermarkets that it was all legally caught by fully and fairly paid crews??

My fishmonger does not have a charter claiming he supports human rights.

He's got a cute Muslim daughter, though.....makes buying fish a pleasure.

[canuckamuck]

Hopefully there will be enough consumer backlash and the money will dry up. At least enough for the Thais put some effective checks and balances in place. The world is getting smaller, day by day. Not much room left for slavers.

[JohnnyJazz]

If I understand this class action suit correctly, the plaintiffs say that they suffered emotional or psychological harm after learning that the defendant allegedly used fish allegedly caught using slave labour as one of the ingredients of the food they bought for their cats because the label on the product did not indicate that slave labour was used. Interesting. I guess they will all need to get their heads examined to submit certificates from their psychiatrists regarding the extent of harm they suffered.

It's just legal wording.

"My client was <deleted> pissed off to learn that ..." doesn't really sound good in a court of law, does it ?

Beside it's really effective way to improve working condition in a given industry. International corporation spend million of dollars in advertising. These human right campaigns are really damaging for their image so they take them very seriously. I saw first hand how social audit conducted by SGS, Bureau Veritas ... on behalf of big corporation like Disney, WallMart, L'Oreal ...have improved the lot of workers in Chinese factories. I guess the same can be done in Thailand.

[selftaopath]

Just the beginning...probably about 20 years worth of law suits in the wings. All because authorities, govts ( of both parties) and the industry did NOTHING to resolve this matter.

Yes indeed. I say "let the Truth be told" and the "chips fall where they may."

Wouldn't it be grand if the power mongers and companies who benefited from SLAVE labor were now forced to reimburse they slaves? Oh and go to jail.

[SOTIRIOS]

...when 'legal' simply means 'not caught in the act yet'....good luck....

[selftaopath]

This type of action had to start...this issue has been festering overseas for some time.....and now we wait for the Thai govt. to start their kow-towing and grovelling to the international community with the usual.."we're doing our best"...."it's not our fault"....etc.......

Ain't that the truth.... part of "Thainess." Interesting how Hubris and groveling can co-exist.

[craigt3365]

So are they going to sue Nike also as the factory they buy from employs some kids. Are they going to sue the company in Bangladesh that supplies copy levi 501 jeans because they hire girls for dying and sewing. Are they going to sue the thousands of companies in Cambodia and Afghanistan that hire kids to work 10 hours a day.

Even the building next door has children mixing cement for block work and painting, are they going to sue that builder ? ... it's rubbish... the only people who benefit are the lawyers. They are rubbing their hands with excitement. The kids however lose the job, cannot help support the family anymore, just more problems to put food on the table.

Actually, many companies have been sued over illegal/underage labor that's used overseas. I think it's great. Hit the companies where it hurts. Profits.

Then the children will be able to go to school and hopefully get an education. Not work instead. I know it's a vicious cycle, but it can be broken. Though not easy.

These are class action lawsuits that are done on the part of all those who bought this product without knowing how it was manufactured. It'd be great if the money went to the slave labor instead, but that's a Thailand problem.

[selftaopath]

And how much of the award money, if any, will find its way to compensate those labourers from the region used by Thai companies and fishermen? Diddly squat I reckon.

So would then allow a Thai lawyer to file a class action against the US Law firms to retrieve the awards for the actual slaves?

Yea then give all money to corrupt govt officials and back to the bastard slave owners. LOS = Lack of Sanctions/Land of Scams.

[pedro01]

You have got to be kidding right?.....lordy lordy lordy, when will this outrageous stupidity stop.

Perhaps when Thailand stops using slave labor..,,

[LomSak27]

Hopefully there will be enough consumer backlash and the money will dry up. At least enough for the Thais put some effective checks and balances in place. The world is getting smaller, day by day. Not much room left for slavers.

This "class action suit" is the consumer backlash. I do not think anyone expects to win anything. It will however bang up nestle from selling Thai sourced cat food in North America market, their largest, and in affect, the same for all other cat food companies that buy from Thai companies that sell their too.

Costco has just been hit with consumer questions regarding Thai farmed shrimp. This did not happen because of a government report it happened because of Newspaper articles. Media still is a force. Expect Costco and a lot of other buyers to find a new source for their shrimp and prawns. This will be a major economic hit for Thailand as their latest economic sugar daddy (china) is really not a market they can switch sales to.

[springheeled jack]

trust the americans to come up with something like this , had the consumers known that the cat food had been produced by slave labour they wouldn't have bought it is just garbage what about the clothing industry in hong kong and china clothing produced by child labour do they refuse to buy clothes made by child labour?

[elgordo38]

Just the beginning...probably about 20 years worth of law suits in the wings. All because authorities, govts ( of both parties) and the industry did NOTHING to resolve this matter.

Nestle is a heavy hitter in world consumerism. I am surprised to read this but then lawyers in the USA are always on the lookout for lucrative class action suits as they no doubt get a large cut of any settlement. Its nice to see a company of Nestles stature get a grilling. Democracy to some extent does work. I reiterate to some extent.

[elgordo38]

Just the beginning...probably about 20 years worth of law suits in the wings. All because authorities, govts ( of both parties) and the industry did NOTHING to resolve this matter.

Yes indeed. I say "let the Truth be told" and the "chips fall where they may."

Wouldn't it be grand if the power mongers and companies who benefited from SLAVE labor were now forced to reimburse they slaves? Oh and go to jail.

Like all other suits there will be a big fine and no admittance of culpability. Nestle products will increase by a teeny weeny bit and life will go on. Good window dressing but just the tip of the iceberg as far as illegal practices go. Nestles next time cover your tracks better.

[impulse]

Its nice to see a company of Nestles stature get a grilling. Democracy to some extent does work. I reiterate to some extent.

I think what you mean is "the rule of law" to some extent works.

Crediting the benefit to "Democracy" is bending it a little.

[selftaopath]

These big companies have a lot of choice where they source their product and they hate bad press. The Thai finishing industry will soon find itself without customers.

I wonder if the Thai fishing industry would relate this to Karma?

[Krataiboy]

Never mind having a moral conscience about what we feed our pets. Much of everything we buy in the developed world is produced by the exploitation of cheap labour in underdeveloped countries. Coffee, sports gear, electrical goods - the list is endless. The question is, other than launch incredibly expensive and probably fruitless litigation, what on earth can we ordinary consumers do about it?

[sammygood]

and the money will go to .... no the slave labours, but some self entitled wanna-be rich guys in the US

[connda]

so I guess none of you guys eat seafood here in Thailand? And the ones who do - verify with the restaurants / vendors / supermarkets that it was all legally caught by fully and fairly paid crews??

Well of course we do, right after filing our TM28 with the local police while visiting the coast to feast on fish.

[connda]

Never mind having a moral conscience about what we feed our pets. Much of everything we buy in the developed world is produced by the exploitation of cheap labour in underdeveloped countries. Coffee, sports gear, electrical goods - the list is endless. The question is, other than launch incredibly expensive and probably fruitless litigation, what on earth can we ordinary consumers do about it?

Start becoming self-reliant. The globalist love calling people like that 'preppers' and other pejoratives - if you're not a functional corporate consumer, your a "useless eater" as Henry Kissinger aptly said [dude's a piece of work]. So - stop buying their crap. Buy local if you can. Plant your own food. Feed your animals what you eat. Our's get rice, various meat scrapes, you don't need to buy dog food. Recycle and reuse. Learn to fix stuff instead of tossing it and buying new. Live simply.

[connda]

These big companies have a lot of choice where they source their product and they hate bad press. The Thai finishing industry will soon find itself without customers.

I wonder if the Thai fishing industry would relate this to Karma?

It's interesting to see that those with the desire to attain the most money and status just don't seem to grasp Karma. Egos are too big -- concepts like that are paid lip service then laughed off.

Karma = cause and effect

Laugh away. He who has the last laugh.......

[englishoak]

Lets hope they nail Nestle to the wall and it gets massive worldwide coverage and embarrassing press.

The ONLY way this stops is with huge business help and the way to do that is to make it so damaging they dont dare ignore the consequences.

It is no big deal for me as a consumer to avoid all things nestle and buy a competitor brand... or Costco, Tesco etc etc the options I have to purchase elsewhere are many and I just might if I associate it with bad practice. As would many and they wont be unaware of consumer confidence.

A few more of the big boys and one or two mediums shamed and named around the globe will help.

[jpduggan]

COURT

Nestle sued in the US over Thai slave labour claim

THE NATION

AGENCIES

GLOBAL FOOD company Nestle is being sued in the United States over claims that its Fancy Feast cat food brand contains fish from a Thai supplier that uses slave labour.

The complaint against the Swiss food giant came just a week after it was alleged Costco Wholesale Corp - a US-based membership-only warehouse club - sold shrimp farmed in Thailand. The Thai fishing industry has continued to come under international attacks over claims it uses forced labour despite Prime Minister Prayut Chan-o-cha amending several relevant laws and introducing many tough measures aimed at combating illegal fishing and human-trafficking networks. The seafood industry and trade associations, led by the Thai Chamber of Commerce and the Board of Trade of Thailand, have also announced that they will comply strictly with new Thai laws designed to crack down on illegal fishing and human trafficking.

On Thursday four consumers filed a class-action lawsuit in a US federal court in Los Angeles seeking to represent all California consumers of Fancy Feast cat food who would not have purchased the product had they known it had ties to slave labour.

"By hiding this from public view, Nestle has effectively tricked millions of consumers into supporting and encouraging slave labour on floating prisons," said Steve Berman, managing partner of the Hagens Berman law firm.

Nestle said in an e-mailed statement that forced labour "has no place in our supply chain".

Source: http://www.nationmultimedia.com/national/Nestle-sued-in-the-US-over-Thai-slave-labour-claim-30267710.html

-- The Nation 2015-08-29

''On Thursday four consumers filed a class-action lawsuit in a US federal court in Los Angeles'' Would that mean that 4 cats filed the action or are their owners eating the cat food?

[stoli]

And now the US lawyers have become involved, for a large percentage of the reward. 4 plaintiffs are suing on behalf of all the people of America. There is always money to be made.

[billd766]

This type of action had to start...this issue has been festering overseas for some time.....and now we wait for the Thai govt. to start their kow-towing and grovelling to the international community with the usual.."we're doing our best"...."it's not our fault"....etc.......

I am sure they will tell us that foreigners don't understand Thailand and s such it is just a misunderstanding.

Surely you mean foreign cats?

By the weekend there will be a poll to state that 95.27% of Californian cats (2537 will have been surveyed) were unaware that the food was sourced using slave labour. On Tuesday next the Ministry of Foreign Affairs will announce that in a meeting the US Ambassadors cat declared that he understood the situation, and was satisfied that Thailand was doing everything required to solve the problem.

I honestly don't think the cats really care.

I would go so far to say if it added 25cents to a tin that the owners wouldn't either!

But if the price of cat food doubled because there were no more slave workers and all the Thai fishermen were given a good pay rise, who would pay for the more expensive tins of cat food? The owners would move to a cheaper brand which may also have been caught by slave fishermen from a different country.

In a way it is som nam na. People in the west want to pay the least and perhaps 90% of them don't really CARE where it comes from as long as it is cheap.