Justice Denied? What the Cocoa Lawsuits Didn’t Resolve

Approximately 1.5 million children are estimated to work in dangerous conditions on cocoa farms in West Africa, where they face hazardous labor, physical abuse, and the loss of access to education. Cocoa sourced from Ghana and Côte d’Ivoire—countries that supply roughly 60 percent of the world’s cocoa—continues to be linked to systemic child exploitation despite decades of corporate pledges and international agreements. In 2021, Stop Modern Day Slavery reported on the legal action brought against major chocolate companies for their alleged connections to child labor in cocoa supply chains. Since then, U.S. courts have issued rulings that brought those lawsuits to a legal conclusion, raising renewed questions about corporate accountability, enforcement gaps, and what meaningful reform looks like for children still working in cocoa production today.


What the Courts Decided, and What They Did Not

In June 2021, the U.S. Supreme Court ruled that claims brought under the Alien Tort Statute could not proceed because the alleged abuses occurred overseas and lacked sufficient connection to the United States. The Court did not rule on whether child labor existed, but instead focused on jurisdiction and legal standards governing extraterritorial claims. In 2025, a federal appeals court dismissed a related lawsuit, finding that plaintiffs could not directly trace their forced labor to specific U.S. companies’ products. These rulings effectively narrowed this legal path for seeking corporate accountability through U.S. courts.


The Ongoing Reality of Child Labor in Cocoa Production

Despite industry pledges and monitoring programs, child labor remains widespread in cocoa-growing regions, with this cocoa remaining on the federal list of goods produced with child or forced labor. The International Labour Organization notes that poverty, limited access to education, and reliance on family agricultural labor remain central drivers of child labor in these communities.


Industry Efforts and Institutional Responses

Government agencies and industry leaders emphasize collaboration rather than litigation as the primary path forward. U.S. Department of Labor official Thea Lee has stated that governments, businesses, and civil society “share a goal to end child labor as well as a common responsibility to improve the lives of vulnerable children, families and workers.” Many companies now publish sustainability reports, invest in traceability systems, and participate in independent audits to demonstrate progress. However, independent analysts continue to find gaps between corporate commitments and measurable improvements.

For example, Sustainalytics reports that, “despite many companies making public commitments to eliminate child labor, an estimated 45% of children living in cocoa growing areas continue to engage in farming activities.” This finding suggests that while frameworks exist, implementation and enforcement remain inconsistent across regions and companies.


Expert Perspectives from the Field

Experts working within agricultural supply chains emphasize that economic pressures on farming families remain a core challenge. Agronomy and traceability specialist Amarilis Setyanti explains that while targeted programs have helped in specific regions, rising global demand and persistent rural poverty continue to limit broader progress. Without sufficient income, many families remain dependent on their children’s labor to meet basic needs.

The International Labour Organization similarly stresses that without addressing structural poverty and the lack of access to education, child labor cannot be sustainably eliminated. These systemic conditions make reform slow and complex, even where legal frameworks and corporate initiatives are in place.


Consumer Awareness and Market Shifts

Public awareness of child labor in cocoa has increased significantly over the past decade, particularly following high-profile legal cases and media coverage. Consumers are increasingly seeking ethically sourced products, and some brands now prioritize transparency and fair labor certification as part of their public identity. These shifts reflect growing demand for accountability throughout supply chains.

However, experts caution that self-reported ethical sourcing claims do not guarantee that child labor has been fully eliminated from a product’s supply chain. Sustained change depends on transparency, independent verification, and continued investment at the production level.


The Cocoa Crisis Continues

The conclusion of the cocoa lawsuits marked a legal endpoint, but not a social one. While courts ruled on jurisdiction and legal standards, millions of children remain engaged in hazardous agricultural labor tied to global supply chains. The persistence of child labor reflects structural economic and social challenges that extend beyond any single company or lawsuit.

Addressing this issue requires international cooperation, transparent corporate practices, economic investment in farming communities, and informed consumer engagement. If you wish to learn more about ethical alternatives, Stop Modern Day Slavery has highlighted several companies working to avoid child labor in cocoa sourcing.

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