Nestlé Poland faces greenwashing lawsuit over “misleading” recycling claims on bottled water

ClientEarth has accused Nestlé Poland of greenwashing over “misleading” slogans on its Polish bottled water brand Nałęczowianka. Nestlé Poland opposes the allegation, telling Packaging Insights that it will “vigorously defend” its position in court. 

The phrases on the bottled water include: “I am recyclable,” “I am made from another bottle,” and “I am 100% made of recycled PET plastic* (*not applicable to the cap and the label).”

According to ClientEarth, these phrases created a “false impression” about the environmental benefits of single-use plastic. 

Kamila Drzewicka, lawyer at ClientEarth, says: “We request the court to issue an injunction prohibiting the use of recycling claims in a way that misleads consumers. Nestlé Poland communicates to the consumer that the packaging it offers, although made of single-use plastic, does not have a negative impact on the environment.”

She adds that the legal challenge is based on the European Commission’s Unfair Commercial Practices Directive, which ensures consumer protection from unfair or misleading advertising claims in the EU. 

However, the Nestlé Poland spokesperson maintains that the company follows “strict internal guidelines” to ensure it complies with consumer communication regulations. Moreover, the company highlights that Nestlé Poland’s marketing teams work to “improve consumer understanding” of product information. 

Single-use plastic on trial

ClientEarth claims that slogans on Nestlé Poland's Nałęczowianka water brand are misleading to consumers (Image credit: Nałęczowianka).ClientEarth helps multiple groups, including businesses, consumers, and policymakers, understand the “long-term negative effects of single-use plastic.”

In its response to ClientEarth’s greenwashing accusations, the Nestlé Poland spokesperson details that recycling is “not the only element” of Nestlé’s packaging strategy, stating that “since 2018, the company has reduced use of virgin plastics by 21.3%.”

Aside from this, the spokesperson points to Poland’s latest recycling initiatives.

“The DRS for bottles that launches in Poland in October aims to significantly increase packaging collection and recycling rates. Experience from other countries shows that these levels can reach over 90%.”

Misleading claims “must be stopped”

ClientEarth hopes to raise market standards for single-use plastic with the lawsuit and curb plastic production. Drzewicka says recycling slogans should inform consumers about the material composition of packaging, like the proportion of recycled content in products and correct disposal methods.

Currently, most recycling claims do not provide consumers with this essential information, according to ClientEarth. Instead, “they promote recycling and, in consequence, drive plastic use.” 

“A widespread practice of using recycling claims in the marketing of plastic packaging is highly misleading to consumers regarding its environmental impacts, which is unlawful and must be stopped,” says Drzewicka.

The Nestlé Poland spokesperson says that the company remains “open to substantive dialogue with civil society organizations aimed at developing best practices in environmental consumer communication.” 

A recent ClientEarth survey revealed that while most consumers believe plastic packaging harms the environment, they perceive products marked with a “green” or “recyclable” logo as an environmentally positive choice.

Drzewicka explained: “The survey clearly shows the narrative promoted by the industry — that recycling offsets the negative aspects of plastic packaging — is deeply misleading to consumers. On their labels, companies often refer to the circularity of plastic, suggesting that packaging can be transformed into new packaging repeatedly. But in reality, indefinite recycling is not feasible.”