Forced Labor Watchdog Barred from Suing U.S. Customs

Jun. 9, 2026
By: Marvin E. McPherson

The Court of Appeals for the Federal Circuit affirmed the dismissal of a lawsuit brought by an international watchdog against CBP for failure to investigate allegations of forced labor. The basis of the original dismissal, which was affirmed was a lack of standing, since the courts found that the watchdog did not have a legal right to bring the suit. This is an important decision, since watchdogs and non-governmental agencies have been instrumental in U.S. identification of forced labor around the world.

IRAdvocates filed suit under the Administrative Procedure Act, arguing that CBP had unlawfully withheld or unreasonably delayed enforcement action. Over several years, IRAdvocates petitioned CBP to investigate and block the importation of cocoa products from Côte d’Ivoire that were allegedly produced through forced child labor in violation of Section 307 of the Tariff Act of 1930. IRAdvocates submitted extensive evidence, including government reports, witness statements, photographs, videos, and documentation from its own investigations. Although CBP opened an investigation, it neither issued a Withhold Release Order nor formally denied the petitions.

The Federal Circuit held that IRAdvocates lacked Article III standing. The court concluded that the organization’s expenditures on investigations, advocacy, petitioning, and efforts to persuade CBP to act did not constitute a concrete injury sufficient for standing. Relying heavily on the Supreme Court’s decision in FDA v. Alliance for Hippocratic Medicine, the court reasoned that an advocacy organization cannot create standing merely by spending resources to oppose or respond to government action or inaction

The case illustrates how private actors can serve as watchdogs and information providers yet still lack effective legal tools to compel enforcement when agencies choose not to act. After this decision it is much more likely that we will see highly public campaigns highlighting allegations in an effort to embarrass Customs into acting. If you have any questions regarding rights to action, Contact any attorney at Barnes, Richardson & Colburn, LLP.