A class-action lawsuit filed December 15, 2019, in Washington, D.C., accuses Apple, Dell, Google, Microsoft, and Tesla of knowingly benefiting from child labor in the Democratic Republic of the Congo that resulted in deaths and serious injuries. The complaint, submitted by International Rights Advocates, seeks damages and the creation of a medical fund for 14 Congolese families whose children were reportedly killed or maimed while mining cobalt. Cobalt is a critical component in lithium-ion batteries used in American electronics and electric vehicles.
The 79-page legal filing describes boys as young as six years old working in hand-dug shafts reaching depths of up to 30 meters. Workers bag cobalt-rich rocks, haul them to the surface, and sell them to middlemen who eventually supply the ore to subsidiaries of the five technology companies.
According to the complaint, at least six children died between 2014 and 2019 when mine tunnels collapsed. Other children suffered paralysis or lost limbs from accidents or from carrying heavy loads. Families report wages of two to three dollars per day with no safety equipment provided. Terry Collingsworth, lead counsel for International Rights Advocates, stated that the companies had “specific knowledge” their cobalt supply chains relied on cheap child labor yet continued to increase orders.
“These children were sacrificed so Americans could have cheaper phones and ‘green’ cars,” Collingsworth said outside the courthouse. The lawsuit invokes the Trafficking Victims Protection Reimbursement Act, a 2008 law allowing foreign nationals to sue U.S. companies that profit from forced labor.
More than two-thirds of the world’s cobalt comes from southern DRC, a region affected by conflict and extreme poverty. After extraction, ore travels to refineries in neighboring countries, then to battery manufacturers in China and South Korea that supply Apple, Dell, Google, Microsoft, and Tesla. Global cobalt demand has tripled since 2010, driven by smartphone growth and Tesla’s electric vehicle production.
Each smartphone battery contains about eight grams of refined cobalt, while a Tesla Model S requires over 13 kilograms. Prices exceeded $90,000 per tonne in early 2018.
The lawsuit argues none of this wealth reaches the hand-diggers. Apple, Dell, and Google issued statements after the filing. Apple said it published its list of cobalt refiners in 2017 and removed six that failed third-party audits.
Dell stated it has “zero tolerance for child labor.” Google pledged to improve traceability through the Responsible Minerals Initiative. Microsoft and Tesla did not respond to requests for comment, though Tesla’s 2018 impact report states the company has a policy against child labor and performs due diligence.
Plaintiffs argue such policies are largely cosmetic because suppliers can alter paperwork while still purchasing from artisanal mines. The lawsuit comes as regulators increase supply chain scrutiny. Some tech and auto firms have joined the Cobalt for Development project funding schools and clinics near mines.
Apple has pledged to buy cobalt only from audited large-scale mines starting in 2020, and Dell is testing blockchain tracking. Watchdogs estimate 40,000 children work in the sector.
Seema Joshi of Amnesty International USA said voluntary audits will not end child labor, urging investment in alternative livelihoods. Plaintiffs do not seek a specific dollar amount but ask the court to compel each defendant to fund lifelong medical care, lost earnings, and rehabilitation for injured children, plus sustainable economic projects in their villages. A trial date has not been set, and the companies are expected to challenge jurisdiction.
If the case proceeds, depositions and audits could begin in 2020.
