Legal warnings issued to Nestlé, Danone and others over plastic

ClientEarth

Surfrider Foundation Europe, ClientEarth and Zero Waste France have put nine food and retail companies on notice for “inadequately” addressing the risks related to the plastic pollution they produce.

By sending these letters, the companies say they’re asking Nestlé France, Danone, McDonald’s France, Carrefour, Groupe Casino, Les Mousquetaires, Auchan, Lactalis and Picard to respond to their concerns and fulfil their legal obligations under French law.

The companies now have 3 months to give an appropriate response – or they could face legal action.

Under the French Duty of Vigilance law, large companies with more than 5,000 employees in France, or 10,000 employees in France and their foreign subsidiaries, must publish an annual vigilance plan identifying the environmental and social risks stemming from their activities and those of their subsidiaries, suppliers and subcontractors.

We are demanding that these companies take a proactive approach in tackling the issue of plastic pollution head-on.

These plans must include mitigation and prevention measures adapted to the severity of these risks, as well as a report on the implementation of these measures. ClientEarth says these nine companies that have been put on notice have not.

The environmental charity says some have published plans with incomplete and unsatisfactory measures on plastic, some did not consider it important to mention plastic in their plans, and some have not published a vigilance plan at all.

ClientEarth says the nine companies were targeted due to their size, their influence on the markets, and because they are considered “role models” in their sectors. The environmental law charity says that, as leaders, the targeted organisations must set an example and commit to a significant reduction in their plastic use.

Some of the nine companies targeted are named among the 10 companies that produce the most plastic waste in the world, ClientEarth says.

The charity argues that none of the companies that have been put on notice have adopted adequate measures to address the harm related to their use of plastics. ClientEarth contends that the organisations must start ‘deplastifying’ their activities now to preserve people and the planet.

We are asking companies to make commitments to reduce their plastic consumption at the source.

ClientEarth says they’re asking for the companies to produce a complete assessment of its use of plastic, encompassing all its activities throughout the value chain. And then, based on this assessment, put together a ‘deplastification’ plan with quantified and dated objectives and act on it.

Among the companies that have been notified, none have published such information, ClientEarth says.

Writing on their website, ClientEarth, said: “We are demanding that these companies take a proactive approach in tackling the issue of plastic pollution head-on – as they legally must.

“Too often, only recycling is put forward by companies as a solution against plastic pollution. Knowing that globally only 9% of plastic waste was recycled in 2019 according to the OECD, it cannot be the only solution to the excessive production and consumption of plastic.

“Recycling does not eliminate all the environmental risks associated with the use of plastic, not to mention the health and human rights risks that recycling does not address. We are asking companies to make commitments to reduce their plastic consumption at the source.”

Nestlé Confectionery recently announced Quality Street will move to recyclable paper packaging for its twist-wrapped sweets and KitKat will introduce wrappers made with 80% recycled plastic.

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