Nestlé “vigorously contests” French allegations of failing to communicate BPA removal from metal packaging

13 Oct 2021 --- Nestlé subsidiaries in France have been accused of failing to communicate the removal of bisphenol A (BPA) from metal food packaging.

The French competition authority (General Rapporteur of the Autorité de la concurrence) issued objections to 101 companies, along with 14 trade associations, over allegedly agreeing not to communicate over the removal of BPA in their metal food packaging.

While the other companies have not been named, nor further details of the objections revealed, Nestlé announced that some of its subsidiaries are involved.

A Nestlé spokesperson has stressed to PackagingInsights that these accusations are not centered on the discovery of BPA in any of its metal food packaging.

The company issued a statement denying all allegations and asserting it will “vigorously contest” the accusations, adding its part in the case is “minor.”

The French competition authority declined to comment further when contacted by PackagingInsights. 

BPA in the spotlight 
The allegations brought forward by the French competition authority are solely focused on anti-competitive business practices, “mainly cartel and abuse of dominant position.”

BPA has been banned in the EU since 2020.However, Nestlé stresses that it phased out BPA – which has been banned in France for food contact materials since 2015, with a blanket EU ban coming into force in 2020 – since 2014.

The chemical, applied to certain plastics since the 1950s, is often used to coat the inside of metal packaging. However, BPA has been linked to human health concerns, including possible damage to the brain and prostate gland of fetuses, infants and children. 

BPA can also affect children’s behavior and has been linked to increased blood pressure, type 2 diabetes and cardiovascular disease. 

However, the French competition authority underscores the current investigation is solely related to the possibility of anti-competitive practices.

All parties involved will be given the opportunity to present a legal defense. 

Chemical concerns 
The French case comes as concerns and legislation on food packaging chemicals abound. Last year, a study found that Bisphenol S, a chemical alternative to BPA, could be more harmful than BPA itself. 

Recently, legal battles over the status of “forever chemicals” (per- and polyfluoroalkyl substances (PFAS)), which are commonly used as grease barrier materials for fiber-based packaging, have risen around the world. California recently became the sixth US state to issue a total ban on PFAS for food contact materials, following a tide of pressure from environmental and health activists. 

By Louis Gore-Langton