Correspondence
Email to the media team at Nomad Foods.
The email said: "I’m contacting you in light of our latest investigation which concerns the use of forced labor in China’s food processing industry, and a link we’ve discovered between companies engaged in such practices and suppliers in your supply chain - Yantai Sanko Fisheries and Qingdao Tianyuan Aquatic. Packaging analysis shows that some fish products retailing under the Findus brand are produced by Northseafood Holland BV.
Northseafood Holland BV has imported shipments of fish from the processor, Yantai Sanko Fisheries Co. Ltd., based in China. Yantai Sanko Fisheries Co. Ltd. has received persons from the Xinjiang region of China under a state-imposed forced labor transfer program since 2019 and until at least April 2023. Unibond Seafood International is a seafood supplier to Nomad Group brands. Unibond Seafood has imported shipments of cod and pollock from Qingdao Tianyuan Aquatic Foodstuffs Co. Ltd., a supplier based in China. Qingdao Tianyuan has also received persons transferred from the Xinjiang region since 2020 and until at least May 2023.
The United Nations, human rights organizations and academic experts agree that since 2018, the Chinese government has systematically subjected Xinjiang’s predominantly Muslim ethnic minorities to forced labor across the country via state-sanctioned employment programs which use coercive methods in worker enrollment. The U.S. has prohibited the importation of goods produced from state-imposed forced labor.
Does Nomad Foods have any comment or clarification to make regarding the above information? Please let us know by close of business August 4, 2023."
Sam Fulton, Group Director of Corporate Affairs and Sustainability emailed: "Is it possible to have some additional time – ideally a week - to allow us to investigate the information in your email with the suppliers mentioned and relevant auditors. It would also be helpful to understand when any article(s) is due to appear and the scope. For example, is your piece mostly focused on broader food processing or more specifically fish processing in China. Given that the processors you mentioned will have links to hundreds of companies, could you also let me know if your intention is for Nomad Foods or any of our brands to be a key focus or prominently featured in the piece?"
The Outlaw Ocean Project replied: "Thank you very much for your engagement on this, we really appreciate it. We also understand that Nomad operates a complex supply chain, though we will need to receive your reply to our enquiries by close of business August 10, 2023.
You are correct that many companies are implicated in our findings, and we have been in touch with hundreds to date. Our investigation concerns seafood processing in China, as well as wider global supply chains. We can’t give dates and names right now, but we partner with various publishers and broadcasters around the world and we expect this work to be published in over a dozen countries.
In addition to one of the Chinese suppliers mentioned in our previous email, Yantai Sanko Fisheries, Northseafood Holland has been supplied fish by Yantai Longwin Foods Co. Ltd., a company linked to Yantai Sanko Fisheries through corporate ownership. Our investigation has also found Uyghurs working at Yantai Longwin Foods, since at least 2020 and until at least March 2023.
As mentioned in our previous email, packaging analysis shows that some fish products retailing under the Findus brand are produced by Northseafood Holland, and these include products stocked by large retailers in Italy, Canada and Sweden.
Our research links fish sourced from Unibond Seafood and/or Northseafood Holland to all of Nomad’s key markets in Europe (UK, Italy, France, Germany, Austria, Sweden). Unibond Seafood, for example, claims to supply the Bird's Eye, Findus and Iglo brands.
You mentioned engaging relevant auditors as part of your investigation. We are aware that Bureau Veritas and SGS have conducted Sedex Members Ethical Trade Audit (SMETA) audits at Yantai Sanko Fisheries and Qindao Tianyuan, respectively. We have engaged buyers, relevant auditors, the standards holder, Sedex, and the Marine Stewardship Council (MSC) on this matter. Our findings indicate that social audits conducted at more than 10 Shandong seafood processing plants are consistently failing to detect Uyghur forced labor, including audits of Yantai Sanko Fisheries and Qingdao Tianyuan."
Sam Fulton of Nomad Foods emailed: "Our Supplier Code of Conduct, which is available on our website, outlines the standards that we, our suppliers, and their suppliers need to meet and exceed. This includes complying with all applicable human rights laws and regulations, for example, upholding the stronger of either the International Labour Organization standard or applicable local social and collective action rights of workers. Taking proactive action to identify, address and remediate any human rights risk and taking steps to ensure workers have decent working conditions is of critical importance to us. To help us to do this, please could you provide any evidence that you have related to your investigation showing forced labour linked to our products, so that we can fully investigate."
The Outlaw Ocean Project replied: "We can’t provide reveal information on our sources or methods at this time, but we can say that we have authenticated video and/or images from each of the aforementioned plants (Qingdao Tianyuan, Yantai Sanko, and Yantai Longwin), along with corroborating government and state media documents that demonstrate the presence of Uyghur workers. Please let us know ASAP if Nomad has any comment to make and thanks again."
The Outlaw Ocean Project emailed Nomad Foods: "Our investigation continues to surface questions in relation to your company's supply chain.
Our research further indicates that Nomad Foods brand Birds Eye is a large supplier to UK healthcare and (primary, secondary and higher) education facilities.
Can Nomad confirm whether any seafood sourced from Qingdao Tianyuan, Yantai Sanko, Yantai Longwin or any Chinese processor has been supplied by Nomad brands to UK healthcare or education facilities since 2018? Can Nomad confirm that it is confident that no seafood produced through Uyghur forced labor has been supplied by its brands to UK healthcare or education facilities since 2018?
Kindly respond to this email by close of business September 1, 2023."
Sam Fulton at Nomad Foods replied: "As outlined in our earlier email Nomad Foods is committed to ensuring human rights are respected as outlined by the UN Guiding Principles on Business and Human Rights. Our Supplier Code of Conduct, which is available on our website, outlines the standards that our suppliers and their suppliers need to meet and exceed. This includes complying with all applicable human rights laws and regulations, for example, upholding the stronger of either the International Labour Organisation standards or applicable local laws. Taking proactive action to identify, address and remedy human rights risk and taking steps to ensure workers have decent working conditions is of critical importance to us and we are committed to continually evolving our policies and due-diligence approaches to increase their effectiveness. Please could you provide any evidence that you have related to your investigation showing forced labour linked to our products, so that we can fully investigate in line with our commitment."
A coalition of eighteen NGOs wrote to thirteen major seafood distributors and retailers, including Nomad Foods, asking a series of questions connected to the Outlaw Ocean's reporting. Their email to Nomad Foods said: "Dear Nomad Foods,
We are writing to you on behalf of a consortium of human rights NGOs requesting an update on the steps Cité Marine has taken following the investigation published by The Outlaw Ocean Project. The investigation highlighted concerns about state-imposed Uyghur and North Korean forced labor across the Chinese seafood processing facilities, including within your company’s supply chain.
Given the seriousness of these findings, we are keen to learn about the progress of your internal investigations that your company stated it would conduct. Please refer to the attached letter for detailed inquiries. We look forward to your prompt response by August 2, 2024.
Sincerely, Ethan Hee-Seok Shin, Transitional Justice Working Group Krysta Bisnauth, Freedom United"
The attached letter read:
"Dear Nomad Foods,
The undersigned organizations, experts on human rights, labor rights, Uyghur rights, North Korean rights, and trade law, are requesting an update on the steps Nomad Foods committed to take following the publication of a series of investigations published by The Outlaw Ocean Project. The findings on the investigations, which shed light on the use of state-imposed forced labor in your company’s seafood supply chain, are deeply concerning and demand immediate attention from all stakeholders in the industry.
In 2023, Nomad Foods stated it would investigate exposure to state-imposed forced labor in its downstream supply chains. Given the severity of the harms reported and the gravity of the situation and the potential impact on human rights and environmental sustainability, we are keen to learn about the progress of these investigations into your company's seafood supply chain.
We ask that you provide us with an update on the following points:
- The due diligence conducted to identify whether direct Chinese suppliers or sub-suppliers are using, or at risk of using, Uyghur or North Korean forced labor;
- Any preliminary findings or outcomes from these investigations, e.g., has your company identified Chinese suppliers or sub-suppliers using or at risk of using Uyghur or North Korean forced labor;
- Steps your company has taken or leverage used to cease supplier’s or sub-supplier’s participation in state-imposed forced labor programs, including poverty alleviation programs;
- Where suppliers or sub-suppliers did not cease their participation, or agree to a time bound plan to do so, whether your company disengaged, or has plans to disengage, from that business relationship;
- Steps your company has taken or plans to take to report this information to shareholders (if applicable), companies within your supply chain, consumers, or other stakeholders or otherwise make these findings publicly available.
We believe that maintaining a supply chain free from forced labor is not only a legal and ethical imperative, but also crucial for the sustainability of the seafood industry. Your prompt response and continued diligence in this matter are essential for upholding these standards. Please respond to these questions within three weeks of receipt. Information provided will inform ongoing investigations into forced labor in seafood supply chains.
Sincerely, Transitional Justice Working Group (TJWG) Hubert Younghwan Lee, Executive Director
Human Trafficking Legal Center Martina Vandenberg, Founder and President
The Committee for Human Rights in North Korea (HRNK) Greg Scarlatoiu, Executive Director
Advocates for Public Interest Law (APIL) Shin Young Chung, Attorney
HanVoice Sean Chung, Chief Executive Officer
The Citizens' Alliance for North Korean Human Rights (NKHR) Joanna Hosaniak, Deputy Director General
Corporate Accountability Lab Charity Ryerson, Executive Director and Founder
International Corporate Accountability Roundtable David McKean Deputy Director
Humanity United Action Emily Risko, Associate Program Manager - Forced Labor & Human Trafficking
International Federation for Human Rights (FIDH) Gaelle Dusepulchre, Deputy Director - Business, Human Rights and Environment
Uyghur American Association Elfidar Iltebir, President
Anti-Slavery International Chloe Cranston, Head of Thematic Advocacy Programmes
Uyghur Human Rights Project Omer Kanat, Executive Director
Freedom United Krysta Bisnauth, Advocacy Manager
Global Labor Justice Allison Gill, Legal Director
Investor Alliance for Human Rights Anita Dorett, Director
Campaign For Uyghurs Rushan Abbas, Founder And Executive Director
Worker Rights Consortium Jewher Ilham, Forced Labor Project Coordinator"