Monday, August 31, 2015
Slavery in the Shrimp Industry: A Federal Lawsuit, and an Extended Comment Period
On August 19, plaintiffs in California filed a federal class action lawsuit against Costco and CP Foods challenging slavery in the supply chain that sends shrimp from Thailand to stores in the U.S. The suit rests on extensive factual investigation by The Guardian newspaper, the UN and NGOs revealing the extent to which slaves contribute to Thai shrimp production. Though it is not part of the present suit, shrimp sold by US giant retailer Walmart has also been linked to illegal production.
The California plaintiffs seek an injunction requiring labeling of foods to indicate that they are a product of slavery, as well as restitution to those consumers who have purchased the shrimp. A copy of the complaint, which makes effective and provocative use of photos as well as more standard legalese, is here. Notably, the claims arise under California law but the case invokes federal diversity jurisdiction.
A federal committee is currently working on principles that would address "seafood fraud," among other things. Draft principles open for comment can be found here. The comment period has been extended to September 11, 2015. As the National Oceanic and Atmospheric Administration reports, "illegal, unregulated and unreported fishing and fraudulent seafood products distort legal markets and unfairly compete with the products of law-abiding fishers and seafood industries." The Costco lawsuit, focused on the role of slavery in shrimp production, makes clear the urgency of federal attention and regulation in this area.
https://lawprofessors.typepad.com/human_rights/2015/08/supply-chain-slavery-in-the-shrimp-industry-a-federal-lawsuit-and-an-extended-comment-period.html