Danone lawsuit: Food giant revises plastics vigilance plan after agreement with NGOs 

Danone has reached an agreement with the coalition of environmental NGOs that initiated a lawsuit against it. The NGOs had accused the multinational of failing to comply with France’s Duty of Vigilance law regarding its plastic use, the majority of which comes from packaging. The agreement follows a mediation ordered by the Paris Judicial Court.

As a result of the mediation discussions, Danone has updated its vigilance plan to include risk mitigation and prevention strategies. These measures look into reducing plastic use in packaging, developing reusable packaging, and improving plastic waste management. 

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

In a statement from Zero Waste France shared with Packaging Insights, Kamila Drzewicka, spokesperson for the NGO coalition, says: “We now have a vigilance plan that identifies — in our opinion for the first time — in its mapping the risks related to the production and use of certain plastics and additives that are likely, due to the migration of sensitive substances, to generate impacts on human health throughout the life cycle of plastics.”

Legal action on transparency

The Duty of Vigilance law was introduced in France in 2017, requiring French companies to establish, publish, and implement adapted measures to identify risks and prevent abuses to human rights, fundamental freedoms, the health and safety of individuals, and the environment. 

The coalition of NGOs — ClientEarth, Surfrider Foundation Europe, and Zero Waste France — took legal action in January 2023, asserting that Danone’s vigilance plan, which is intended to outline the company’s environmental and social impacts, failed to address plastic entirely. As a result, the organizations called for greater transparency.

In exchange for the agreement made during mediation, the coalition of NGOs has agreed to withdraw its lawsuit against Danone.“Two years ago, we noticed that Danone’s strategy, focused exclusively on recycling, was, in our opinion, inadequate. To prevent the risks associated with the use of plastic, companies must do everything possible to reduce its use,” says Drzewicka.

“For a company like Danone, this involves the development of bulk and reuse solutions. But only a complete and transparent plastic assessment will make it possible to assess the impact of the group’s actions to deplastify.”

After nearly two years of legal proceedings, 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 plastic use, particularly through the implementation of reuse solutions, the publication of its plastic footprint, and the holding of an annual meeting from 2025 to 2027 between the coalition of NGOs and Danone.

Advancing reuse solutions

A major aspect of Danone’s updated approach is the development of reuse solutions to limit single-use plastic packaging. The company has committed to providing information on its pilot projects, detailing their nature, duration, and location, in collaboration with its partners in the bulk and reuse sectors.

Additionally, Danone has integrated measures to support workers involved in plastic collection and recycling. The company has also pledged to monitor scientific advancements regarding the potential impacts of microplastics.

“Danone will continue to act with determination to encourage collective mobilization of all players, both private and public sector, without whom it is impossible to remove the systemic obstacles (technical, regulatory, and financial) that are holding back the emergence of a circular economy,” says the company.

The company has intensified efforts to quantify plastic usage throughout its value chain, from production to distribution. Danone intends to utilize what is recognized as relevant to evaluate its plastic presence. The company will also release key information on its reuse projects to allow NGOs to assess its progress.Danone indicates that plastic use, particularly in packaging,  could pose risks to the environment and health.

Commitment to dialogue

As part of the settlement, Danone and the NGO coalition have agreed to hold annual meetings until 2027.

“Danone’s updated presentation of the risks associated with the use of plastic, which is included in its vigilance plan, represents a significant step forward. This is a strong signal sent to the entire agri-food sector,” says Drzewicka.

“However, we remain extremely careful to ensure that companies do not replace plastic with other single-use materials: the implementation of reuse systems and reduction, without substitution, are the best ways to fight against plastic pollution.”

Sebastien Mabile, lawyer at Seattle Avocats and counsel for the coalition, adds: “This agreement illustrates the potential of the Duty of Vigilance law, as it enables a constructive dialogue between business and civil society to prioritize and mitigate potential risks, but also to prevent harm.”