Snapshot: On 9 January 2023, three NGOs filed a lawsuit against Danone in France for alleged breaches of the 2017 French Duty of Vigilance Law, due to plastic pollution. Danone rejects the allegations and maintains that its vigilance plan meets the legal requirements. The case is ongoing.

Factual background

In 2017, France passed a new corporate duty of vigilance law, mandating respect for human rights and the environment to business activities carried out by large companies. It establishes a legally binding obligation for parent companies, to identify, prevent, mitigate and redress human rights and environmental impacts resulting from their own activities as well as from the operations of companies under their control, subcontractors and suppliers. The law imposes the obligation of implementing and publishing a vigilance plan in detail or account for the failure to do it.

On 28 September 2022, the NGOs ClientEarth, Surfrider Foundation Europe, and Zero Waste France issued a formal notice to nine major French agri-food companies, including Danone, urging them to comply with France's duty of vigilance law. The NGOs argued that these companies are among the largest users of plastic in France, and that, given their market influence, they should lead efforts to reduce plastic usage.

The NGOs argued that the companies, including Danone, had either failed to publish a vigilance plan or had issued plans that were inadequate, lacking concrete measures to address plastic use. They called on these companies to release comprehensive assessments of their plastic usage across all operations and supply chains.

On 9 January 2023, unsatisfied with Danone’s response to the formal notice, the NGOs filed a lawsuit against the company in the Paris Judicial Court for allegedly failing to comply with the duty of vigilance law. The NGOs argued that Danone's 2021 vigilance plan did not adequately address the significant risks associated with plastic use in its operations, nor did it provide a clear strategy for mitigating these risks. Danone rejects the allegations and maintains that its vigilance plan meets the legal requirements.

Legal argument

Based on the French Duty of Vigilance Law, the NGOs are seeking a court order requiring Danone to comply with the duty of vigilance law and that would compel the company to:

1. Map the environmental, climate, health, and human rights impacts of its plastic use, from production through to disposal.
2. Conduct a comprehensive assessment of its plastic footprint, covering all plastics involved in product manufacturing, logistics, promotions, and packaging.
3. Based on this assessment, develop and implement a "deplastification" plan with clear, measurable, and time-bound objectives, and take action to achieve them

They are also demanding that if Danone fails to meet their demands within six months, the company should be fined EUR 100,000 for each day of delay beyond this period.

Danone rejected these allegations, maintaining that its vigilance plan met the legal requirements.

Legal proceeding

On 9 January 2023, four NGOs filed a lawsuit against Danone in the Paris Judicial Court for allegedly failing to comply with the duty of vigilance law, following a formal notice issued in 2022.

In September 2023, the judge ordered both parties to try to find a solution through mediation.

News items

France's Danone faces legal action over plastic use and reporting practices, Reuters, 9 Jan 2023

Legal warnings issued to Nestlé, Danone and others over plastic, Circular, 4 Oct 2022

NGOs

Danone taken to court over its plastic use: updated article, Surfrider Foundation, 18 Sep 2023

We're taking Danone to court over plastic pollution, ClientEarth, 9 Jan 2023