A nationwide class action lawsuit has been filed (today 8/27/15) against Nestle Purina Fancy Feast pet food “alleging that the pet food manufacturer knowingly supports a system of slave labor and human trafficking to produce its Fancy Feast cat food, while hiding its involvement with human rights violations from the public.”
From a press release issued on the lawsuit…
A nationwide class of pet food purchasers today filed a lawsuit against Nestlé SA (VTX:NESN) alleging that the pet food manufacturer knowingly supports a system of slave labor and human trafficking to produce its Fancy Feast cat food, while hiding its involvement with human rights violations from the public, according to attorneys at Hagens Berman.
The lawsuit alleges that Nestlé works with a Thai partner, Thai Union Frozen Products PCL, to import more than 28 million pounds of seafood-based pet food for top brands sold in America – some ingredients of which were obtained through slave labor.
Individuals who have purchased Fancy Feast cat food may contact Hagens Berman by emailing petfood@hbsslaw.com or by calling 206-623-7292. Find out more about the class-action lawsuit against Nestlé.
Often trafficked from Thailand’s poorer neighbors such as Cambodia and Burma, men and boys are sold to fishing boat captains needing crews to man their fishing boats, according to the complaint. The work is dangerous and exhausting with shifts lasting up to 20 hours a day with little or no pay, with refusal or failure to work to a supervisor’s satisfaction resulting in beatings or even death.
“By hiding this from public view, Nestlé has effectively tricked millions of consumers into supporting and encouraging slave labor on floating prisons,” said Steve Berman, managing partner of Hagens Berman. “It’s a fact that the thousands of purchasers of its top-selling pet food products would not have bought this brand had they known the truth – that hundreds of individuals are enslaved, beaten or even murdered in the production of its pet food.”
The 29-page complaint filed on Aug. 27, 2015 in the U.S. District Court for the Central District of California alleges that Thai Union oversees canneries, “mothership” fishing vessels, and smaller fishing boats. This structured pyramid of fishing fleets ensures that individual fishing boats operate at great distance from any port, without oversight. Deckhands operating Thai Union’s fishing boats work as modern day slaves, according to a recent New York Times article, “Sea Slaves: The Human Misery that Feeds Pets and Livestock.”
The nationwide class action seeks to deliver reimbursement to consumers who would not have purchased these products had they been aware of these human rights violations, and also seeks injunctive relief requiring Nestlé to end its deceptive marketing.
The suit accuses Nestlé of violating the California Unfair Competition Law, Consumers Legal Remedies Act and False Advertising Law.
“Instead of true employment, men and boys are sold as slaves by brokers and smugglers to fishing captains in Thai ports in need of labor. Once sold, these men and boys (hereafter ‘Sea Slaves’) enter a modern form of indentured servitude where they are required to work to pay off the price the captains paid to purchase them,” the complaint states. “These Sea Slaves are frequently resold to other fishing boats while out at sea, often at higher prices than their price at port. As a result, Sea Slaves are involuntarily forced into longer and longer periods of servitude as their debt grows and the price of their freedom becomes ever more elusive.”
The complaint also states that despite protection of human rights listed as one of Nestlé’s Corporate Business Principals, the pet food giant has failed to live up to its own ideals. According to the suit, the Bureau of International Labor Affairs of the United States Department of Labor confirms that fish and shrimp from Thailand are likely the product of forced labor.
“Nestlé had the resources to combat this and could have – should have – chosen not to support these egregious human rights violations,” Berman said. “Nestlé has failed to uphold its responsibility to ensure the absence of slave labor in its supply chains – and even worse, Nestlé not only supported these human rights violations, but forced consumers to unknowingly do the same.”
Hagens Berman has been a pioneer in consumer rights litigation, as well as lawsuits filed to ensure human rights for groups of people around the world.
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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
Consumers can read the court documents Here.
I contacted Hagens Berman Sobol Shapiro law firm asking how consumers can join this lawsuit and was provided this webpage: http://www.hbsslaw.com/cases-and-investigations/cases/Nestl%C3%A9-and-Mars-Cat-Food-Slave-Labor
This page also mentions Mars pet products stating “In violation of California law, Nestlé and Mars do not disclose that their supplier Thai Union employs these forced labor practices and instead continue to profit from the slave labor that supplies the fish. If you would not have purchased Fancy Feast or Iams-brand wet cat food, had you known that Nestlé and Mars buy from a company using slave labor, fill out the form to the right.” (form is located on the page linked just above) I was told the Mars products are still under investigation by the firm.
There is no excuse for any pet food that would use slave labor ingredients. How could any company not fully investigate their ingredients and their sourcing? No excuse.
Wishing you and your pet(s) the best,
Susan Thixton
Pet Food Safety Advocate
Author Buyer Beware, Co-Author Dinner PAWsible
TruthaboutPetFood.com
Association for Truth in Pet Food
What’s in Your Pet’s Food?
Is your dog or cat eating risk ingredients? Chinese imports? Petsumer Report tells the ‘rest of the story’ on over 3000 cat foods, dog foods, and pet treats. 30 Day Satisfaction Guarantee. www.PetsumerReport.com
The 2015 List
Susan’s List of trusted pet foods. Click Here
Have you read Buyer Beware? Click Here
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Find Healthy Pet Foods in Your Area Click Here
Carol Halbert
August 27, 2015 at 6:41 pm
OMC…who can we trust to make our kid’s food so that it is NOT harmful to them!!!! Soooooo wrong and soooooo unnecessary. Breaks my heart!!!! 🙁
Laura
August 27, 2015 at 6:47 pm
According to your other article about slave labor in Thailand this is an industry-wide human rights violation, so I don’t know why this lawsuit is only focusing on Nestlé and Mars.
Cheryl Mallon-Bond
August 27, 2015 at 8:52 pm
Laura, you are 100% right!!!! This is how we can take all these bastards down!!!! If the average public does not understand about inferior “pet feed ingredients”, they might at least at this point in time, be aware of slave labor and human rights violations.this needs to be exposed big time because of so many issues.I was kind of surprised that it wasn’t a petition attached at some point in this article.I understand that there is already a class action suit, but we need to have millions of signatures to expose this and media coverage big time!!!! We need to jump on every aspect of this opportunity to take them down on every front!!!! Let them finally burn!!!!
Leannan
August 27, 2015 at 7:08 pm
A means to an end, but any moneys recovered should rightfully go to the actual people enslaved.
Nina Wolf
August 27, 2015 at 8:17 pm
Kinda like taking down Capote for taxes, but very very clever. Going after these companies for any of the filthy practices in which they partake attains the higher goal of some day exposing ALL the filth, ALL the lies. The foundation is cracking, and we stand ready to start dismantling any weak walls we can find, right! Right! Carry on, my fellow advocates!
D.L.Ainsworth
August 27, 2015 at 9:03 pm
Thank you, Susan, for the yearly safe pet food list. I appreciate it so much and the work and research that goes into it. I appreciate that my beautiful girls are not affected by the horrible foods and practices out there.
They eat human grade, USA sourced and made, 97% protein raw cat food- a brand right off of your 2015 list. Their fur is like silk, their eyes are bright and they are full of energy and mischief.
I continue to spread the word- do not buy the junk! Don’t support the criminals.
Thank you, thank you for all you do!
Ellie
August 28, 2015 at 2:48 am
It is a horrible thing. They kidnap some people and put them out in the ocean on a boat that they have no way of getting off. Imagine how horrible. Some people sell their young kids to these slavers. Sadly, this is just the top of the iceberg as they say.
If you check the items you buy for your home you will see that they are all stamped “made in China” or some other third world slave labor wage paying country. Our corrupt politicians gave “most favored nation” trade status to countries like China and others who pay their laborers just cents an hour and who have some of the worst human rights violations on earth. When they did this it caused thousands of US manufacturing companies to fail because they were paying Americans a living wage and benefits. Large corporations bought many of those failed companies and sent the jobs to China putting millions of Americans out of work and forcing down the wages of others in the US.
Most younger people do not even remember the kind of innovative products that were once available to US consumers. Now, everything for the home is plastic in plastic. Most clothing is polyester or some unidentifiable fabric and most of it is “made in China!” Even our fish is now processed in China because they can do just about anything for 90 percent less than a western company can do it.
This did not have to happen to America. We were forced into this global economy by politicians that now get huge “donations” from big money people and corporations that profited by the criminal actions of these elected officials. They continue to get reelected because they can outlast any opponent that depends on ordinary donations from citizen supporters.
Americans buy a familiar US brand name product only to find that it was manufactured in China! These corporations own many of these companies and are making billions off the backs of the slave labor in China and Vietnam and throughout the Philippines and India! It is a disgrace and yet these facts are never discussed in the media. Media wants the money those corporations spend on advertising and will not risk losing that income by exposing the history of the economic woes of the US and the suffering of slaves in other countries.
I’m glad this firm has had the guts to file a lawsuit against these manufacturers but it is just a tiny part of the misuse of humanity on this planet. Next time you buy something for your home check where it was made and think of the poor souls that were forced to make it under some of the worst possible conditions.
Cheryl Mallon-Bond
August 28, 2015 at 10:14 am
Hey Ellie, Very well said, & as you stated, ithe ramifications of all the outsourcing to China for practically everything has severe consequences way beyond economical; as if that isn’t enough! This nationwide class action suit is a huge step in the right direction, very soon there better be criminal charges brought up against these companies for human trafficking violations! They of course will try to bribe their way out of this as well. On another note, for quite some time my feline only vet has recommended to stay away from fish flavored cat foods, (although most all contain some fish ingredients) because of the higher accumulation of mercury & other toxins. Just like there can be too much accumulated in the human body, now think about how much smaller a cat is comparison, how much smaller their eliminatory organs are, and how much quicker the toxic accumulation can occur. Now imagine what other toxic “processing” they very well might be doing to the fish. It is just sickening all the way around! From horrendous human rights violations, to toxic fish products fed to our pets & livestock, & then by way of the food chain, back to us. It is just a complete nightmare! I give a lot of credit to the law firm standing up for these enslaved people & cracking this thing open wide. EVERYONE, look at every single label of a product you buy, & avoid as many “made in China” products as possible, & BAN buying anything that is manufactured by the Nestle/Purina conglomerate, otherwise we are then all supporting continuing human trafficking & slave labor practices, & therefore guilty by association. We as consumers can hurt them more than we know by our lack of purchasing ANY of their products.
Sage
August 28, 2015 at 3:19 am
In July the NY Times featured a lengthy article titled Sea Slaves – The Human Misery that Feeds Pets and Livestock: http://www.nytimes.com/2015/07/27/world/outlaw-ocean-thailand-fishing-sea-slaves-pets.html?_r=0 The article was obviously researched and written prior to the law suit and the images and graphic details make it difficult to read but it cites Thai Union Frozen Products which is listed in the suit as Susan writes.
Interesting statistics from this article include
“The United States is the biggest customer of Thai fish, and pet food is among the fastest growing exports from Thailand, more than doubling since 2009 and last year totaling more than $190 million. The average pet cat in the United States eats 30 pounds of fish per year, about double that of a typical American”.
I’m sure the NY Times article was seen by a huge number of people both in the US and abroad but I’m hoping broadcast media will cover this now that there is a pending suit against one of the largest and WORST pet food manufacturers on the planet.
Sue D
August 28, 2015 at 7:20 am
Does anyone know what fishing company supplies weruva? Their products are made in Thailand and are supposed to be human grade.
But how do we know what companies sell any fish from Thailand that are not using slavery on ships?
Sage
August 28, 2015 at 12:25 pm
Hi Susan
As a component of their diet, I have, for years been feeding my many cats Weruva as well as Petco’s Soulistic by Weruva which is the same ingredients and exceptional quality as Weruva and made in the same human facility. I have also had many conversations with David Forman the owner and when I have questions he is quick to provide detailed answers. After reading the NY Times article cited above, I emailed him (at David Forman ) regarding the source of their fish. Here is his lengthy response
July 29, 2015 5:40:25 AM PDT
Hello Sage,
Thank you for the email to Weruva/Soulistic and continued support of our products. We are pleased to hear that the new varieties are being enjoyed!
As for fishing practices, we appreciate your concerns about this very serious topic. On our website, we have previously addressed the issue of “trash fish”, and one of the topics was unscrupulous behavior on fishing boats. Please review this link: http://weruva.com/tid-bits-detail.php?Is-Your-Pet-Eating-Trash-Fish-21
Our suppliers work diligently to trace the supply chain to ensure the full details of the catches which includes the procurement of third part audits and certifications. They want to do all they can to ensure both their suppliers and they abide by ethical practices. They fully understand the needs and requirements of their strict customers and their respective governments with sales going to the EU, Japan, Australia, Canada the US and more.
Regarding other recent news, our suppliers had previously blacklisted particular fishing entities linked to such behavior that were referenced in some articles. The Thai government, also in recognition of this topic, is increasing efforts to eliminate such issues. Here is a link to a Bangkok Post article: http://www.bangkokpost.com/news/special-reports/600552/fishing-boats-race-clock
Regarding the factory that produces Weruva, it operates according to a Social Accountability International management system (SAI), SA8000, as per the Ethical Trading Initiative. Worker conditions are verified by independent third parties in order to certify the worker standards at the factory. It is voluntary to participate in this, and the audit is performed on global standards, and it applies to the practices of the factory.
Workers receive medical benefits, transportation to and from work and meals while at work. They also work in an air conditioned environment. The factory workers recently received a substantial wage increase. As exports are the driving force behind Thailand’s economy, the Thai government seeks to ensure global recognition and acceptance of the practices of its factories. A few years back, the Thai government awarded our manufacturing partner the highest governmental award a factory can receive for exports, the Prime Minister’s award. Part of the award entailed the quality control and products produced, and part entailed worker conditions.
Again, thank you for the email and for keeping in touch. Please let us know if you have further questions or comments.
Best Regards,
David Forman, President and Co-Founder
Christine
August 28, 2015 at 1:00 pm
Check out this link that Weruva has on their site. Tiki Cat has similar policies:
http://www.weruva.com/tid-bits-detail.php?Is-Your-Pet-Eating-Trash-Fish-21
Dick McWay
August 28, 2015 at 8:50 am
This headline is on Drudge this morning and it links to Yahoo. We’ll see who else will cover it.
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