In the wake of the 2016 dismissal of human rights cases filed against food companies in California, on February 26, 2018 a new class action case appeared in Massachusetts federal court (Tomasella v. Hershey Co.) alleging human rights violations associated with cocoa farming and processing. This article examines the plaintiffs’ unjust enrichment theory that defendants, by failing to disclose trafficking and child labor in their supply chains (and in fact asserting in their disclosures that they had “zero tolerance” for such activities), caused consumers to purchase their products when they never would have done so had they known about the purported trafficked and child labor taint in the products’ supply chains.

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