Oreo, Toblerone Maker Sued Over 'Cocoa Life' Child Labor Claims

Case Overview: A class action lawsuit has been filed against Mondelez, alleging the company's "Cocoa Life" program is misleading and does not ensure ethical sourcing practices.

Consumers Affected: Consumers who purchased Mondelez products labeled with the "Cocoa Life" logo.

Court: U.S. District Court for the Northern District of Illinois, Eastern Division

Mondelēz International sign

Class Action Alleges Mondelez's Ethical Sourcing Claims are Misleading

Mondelēz, the company behind popular chocolate treats like Oreo, Toblerone, and Côte D’Or, is facing a class action lawsuit for allegedly engaging in deceptive marketing practices related to its "Cocoa Life" program. 

The lawsuit, filed by Chicago resident Tim Gollogly, claims that Mondelēz misled consumers by promoting its products as being sustainably sourced and free from unethical labor practices. Specifically, he alleges that the products labeled with the “Cocoa Life” logo, which promises sustainable cocoa sourcing, are actually linked to forced labor, hazardous child labor, and environmental degradation. 

The proposed class action lawsuit accuses Mondelēz of using these misrepresentations to sell more products at higher prices, deceiving customers who believed they were supporting ethical business practices.

What is “Cocoa Life”?

Mondelēz created the Cocoa Life program in 2012 to promote its so-called commitment to sustainable cocoa sourcing. According to the company, the program is designed to secure a more sustainable cocoa supply chain through partnerships with independent farmers, NGOs, suppliers, and governments. 

Products bearing the Cocoa Life logo are marketed as being responsibly sourced, with claims that the program helps cocoa farmers thrive and protects the environment.

Lawsuit Challenges Ethical Claims of "Cocoa Life" Products

However, the Gollogly challenges that, arguing that the supply chain for Cocoa Life products still involves exploitative labor practices and significant environmental harm, including child labor and deforestation. The lawsuit asserts that the Cocoa Life logo misleads consumers by giving the impression that Mondelēz’s cocoa is ethically sourced, when in reality, the program does little to address the systemic issues within the cocoa industry.

Gollogly, like many consumers, alleges he relied on the packaging and advertising when deciding to purchase Mondelēz’s products. The lawsuit claims that the false promises of sustainability and ethical sourcing influenced these purchases, leading consumers to spend money on products they believed were aligned with their values.

Consumers Allege Deception And Financial Harm From Misleading Marketing

Gollogly says he bought Oreo cookies and Toblerone chocolate, each displaying the Cocoa Life logo, because, he claims, he was misled by the marketing believing that the products were ethically sourced and free from labor abuses and environmental harm. 

He relied on the representations made by Mondelēz and would not have purchased these products, or would have paid less for them, had he known the truth, the lawsuit states. As a result of Mondelēz’s alleged false advertising, Gollogly says he suffered deception and financial harm.

Child Labor And Deforestation Remain Major Concerns In Cocoa Industry

The cocoa industry has long been criticized for its reliance on exploitative labor practices, particularly in West Africa. Côte d’Ivoire and Ghana, which supply about two-thirds of the world’s cocoa, are known for using child labor on cocoa farms. 

According to a 2020 U.S. Labor Department report, an estimated 1.56 million children work in hazardous conditions on cocoa farms in these countries, often engaging in dangerous manual labor at a young age. Despite efforts by major chocolate manufacturers to address these issues, child labor and forced labor remain pervasive in the cocoa supply chain.

Environmental concerns are also a significant issue in cocoa farming, as deforestation continues to threaten biodiversity and contribute to climate change. Consumers who try to avoid products linked to forced labor and deforestation rely on certifications and marketing to make their purchasing decisions, making truthful advertising all the more critical.

Consumer Lawsuits Target Companies For False Advertising

Mondelēz is not the only company facing legal action over deceptive marketing practices. Conagra Brands, the maker of Van de Kamp’s and Mrs. Paul’s seafood products, is currently being sued for allegedly misleading consumers with its “100% Whole Fish” label, which plaintiffs claim conceals the use of industrial fillers and added water.

Additionally, Dollar Tree and a cinnamon product manufacturer are facing lawsuits after federal investigations revealed that certain cinnamon products were contaminated with lead. These lawsuits, like the one against Mondelēz, center on false and misleading advertising that misrepresents the safety, quality, or sourcing of consumer products.

In his Mondelēz class action lawsuit, Gollogly wants to represent consumers from across the country in his claims of violations of Illinois business laws, breach of express warranty, and unjust enrichment. He is seeking damages, interest, fees, costs, restitution, and injunctive relief.

Case Details

  • Lawsuit: Gollogly v.Mondelēz International, Inc.
  • Case Number: 1:24-Cv-07368 D
  • Court: U.S. District Court for the Northern District of Illinois, Eastern Division 

Plaintiffs' Attorneys

  • P. Renée Wicklund (Richman Law & Policy)

Have you bought products with the Cocoa Life logo? Share your thoughts and experiences in the comments below.

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