Plastics Court Case Settled: What has Danone Agreed to do?

Global food and drinks company Danone has made four commitments as part of an agreement that ends its court battle with ClientEarth over its plastics pollution efforts.

Two years on from filing the case, ClientEarth and its French partners Surfrider Europe and Zero Waste France have settled the case and brought it to a close. 

ClientEarth CEO Laura Clarke said: “It's a step forward in the fight against plastic, but we still have a long way to go.”

What were the claims?

In January 2023, the three groups took Danone to court over failing to comply with its duty of vigilance around plastics. 

They alleged that the company's plastic use went against a French law that demands companies acknowledge and address the impacts their operations have on the environment, health and human rights.

In September 2022, legal warnings were issued to Danone and other companies including Nestlé France and McDonald's France, for “inadequately addressing the risks related to the plastic pollution they produce”, ClientEarth said.

Danone responded, but ClientEarth was not satisfied, so the three filed a  court action.   

Danone then issued a new vigilance plan, which was again rejected by the groups.

In September 2023, the judge ordered that the case against Danone was to enter into independent mediation with the company.  Now, an agreement has been reached.

What is the deal?

The agreement resulted in four commitments from Danone:  

• An update of the various risks related to the use of plastic, in its vigilance plan
• The strengthening of a policy for mitigating and preventing the risks associated with the use of plastic, in particular by Danone of reuse solutions
• The publication of its plastic footprint
• The holding of a meeting each year from 2025 to 2027 between ClientEarth and its partners, and Danone.  

ClientEarth said Danone has updated its vigilance plan and is “also now indicating that the use of plastic, particularly in its packaging, is likely to generate a salient risk for water, air, soil, climate, human rights and health”.

It added: “In addition, Danone says it is monitoring the evolution of science about the potential impacts of microplastics.”

Laura said: “Danone now indicates that the use of plastic in its packaging can have impacts on the environment, health and human rights. Danone also intends to identify the presence of plastic in its business activities.

“This result sends a strong signal to the food sector that plastic carries risks, and those risks need to be disclosed and addressed.”

The view from Danone

Danone released a statement following the agreement.

It said: "This agreement involves reinforcing the vigilance plan, which now gives a more detailed description of the consequences of the use of plastic packaging and sets out in detail all the actions that Danone is implementing in this respect (such as reducing, reusing, recycling and recovering plastic packaging), in line with the objectives defined in relation to its status as a Société à Mission.”

It added: “Danone is delighted to have taken part in an open and transparent discussion with the three NGOs and emphasises how the dialogue has been beneficial and conducive to tackling the complex challenges that require a uniting of all the actors’ and stakeholders’ strengths.”

The company said it will continue to “act with determination” to mobilise all players, to remove the systemic obstacles (technical, regulatory, financial, etc.) that are “holding back the emergence of a circular economy”.

What are the impacts of plastic pollution?  

ClientEarth said: “We’re in a plastics crisis. Global plastic waste nearly doubled between 2000 and 2019 and could triple by 2060.”

It added that plastic pollution is now the biggest killer  of marine life.

“Even when disposed of properly, getting rid of plastic is not so simple. It’s not widely enough known, but plastics are made from oil and gas.

“The process of extracting these fossil fuels and converting them into plastic is also highly carbon-intensive.”

ClientEarth said plastic packaging can contain chemicals that are “known to be harmful to our health, including endocrine disruptors, which can have serious consequences for fertility”.

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