Snapshot: On 2 March 2021, a coalition of Brazilian and Colombian Indigenous Peoples’ organisations and international NGOs filed a lawsuit against the French supermarket chain Groupe Casino in the Saint-Étienne Judicial Court in France. The lawsuit alleges that Groupe Casino and its two Brazilian and Colombian subsidiaries violated the French Duty of Vigilance Law by selling beef that was connected to deforestation and land grabbing in Brazil and Colombia. The case is ongoing.

Factual Background

Groupe Casino is a French supermarket chain operating in France and in several other countries through subsidiaries, including Brazil (Grupo Pão de Açúcar) and Colombia (Grupo Éxito).

In June 2020, a report by the NGO Envol Vert linked Groupe Casino's beef supply chain to deforestation in the Amazon. Following this report, in September 2020, a coalition of Brazilian and Colombian Indigenous Peoples’ organisations (COIAB, CPT, FEIPA, FEPOIMT and OPIAC) and international NGOs (Canopée, Envol Vert, FNE, Mighty Earth, Notre Affaire à Tous and Sherpa) sent a formal notice to Groupe Casino. The organisations demanded that the company comply with the 2017 French Duty of Vigilance law and fulfil its obligations by adopting appropriate measures to prevent risks of serious violations of human rights and the environment.

On 17 December 2020, Groupe Casino responded, outlining its vigilance plan, which included an updated risk map, supplier assessments, mitigation actions, and a monitoring system. It argued that the law only requires reasonable compliance measures and that some of the requested actions were unreasonable.

On 2 March 2021, the NGOs and Indigenous People’s organisations filed a lawsuit against Groupe Casino in France.

In May 2022, the Center for Climate Crime Analysis (CCCA) published a report, connecting the Group's meat sourcing to violations of the rights of people inhabiting the Uru-Eu-Wau-Wau Indigenous Land in the Brazilian Amazon and deforestation. The report alleged that Groupe Casino has regularly purchased beef from three slaughterhouses owned by JBS. These slaughterhouses allegedly sourced cattle from 592 suppliers responsible for at least 50,000 hectares of deforestation between 2008 and 2020.

In June 2022, Groupe Casino responded to the report, arguing that there was no evidence of receiving meat from irregular farms in Brazil. Additionally, they responded that they provide a channel for reporting irregularities and follow a responsible procurement policy with traceability and socio-environmental compliance.

Legal Argument

France's Duty of Vigilance law mandates that large French companies implement adequate and effective measures to prevent serious human rights and environmental violations throughout their supply chains. Non-compliance can result in liability and the obligation to pay damages.

The plaintiffs argue that despite Grupo Pão de Açúcar having signed Conduct Adjustment Terms with Brazilian slaughterhouses to comply with Brazilian law, which holds all parties in the production chain accountable for environmental damage, it continues to receive cattle and processed beef from deforested areas. Additionally, the evidence submitted in the lawsuit allegedly demonstrates violations of Indigenous Peoples’ rights, such as the invasion and exploitation of customary land owned and managed by the Uru Eu Wau Wau community in the State of Rondônia, Brazil and by cattle farms supplying beef to Groupe Casino’s Pão de Açúcar. Regarding the Colombian subsidiary, Grupo Éxito, the plaintiffs assert that Groupe Casino's annual vigilance plans, published since 2018, lack substance and practicality.

The plaintiffs request that the Court mandates Groupe Casino to develop, execute, and disclose a comprehensive vigilance plan that identifies and mitigates risks associated with the group's operations. They also seek compensation for damage to their customary lands and the adverse effects on their livelihoods due to Casino's failure to meet its duty of vigilance.

Legal Proceeding

On 2 March 2021, the NGOs and Indigenous People’s organisations filed a lawsuit against Groupe Casino, alleging that the chain sold beef linked to the deforestation of lands in Brazil and Colombia in the Saint-Étienne Judicial Court in France.

On 9 June 2022, the first hearing of the case took place. The judge proposed to the parties to enter mediation for an amicable solution. In December 2022, the organisations announced that they have refused the mediation proposal.

In January 2023, it was announced that Jupaú, an NGO representing the Uru-Eu-Wau-Wau community, joined the legal action against Casino. The case is ongoing.

News Items

• Casino case: The Uru-Eu-Wau-Wau Indigenous community joins the legal action, Sherpa, 12 Jan 2023
• Deforestation in the Amazon: organisations refuse the mediation proposal in the legal action against Casino, Sherpa, 2 Dec 2022
• Brazil: In first hearing, French justice proposes mediation between Indigenous peoples and retailer Casino, Reuters, 9 Jun 2022
• French supermarket giant Casino sued over links to Amazon deforestation, RFI, 4 Mar 2021
• Information on the fight against deforestation linked with cattle breeding in Latin America, Groupe Casino, 3 Mar 2021
• Brazil & Colombia: Amazon indigenous communities & NGOs sue supermarket Casino under French due diligence law over deforestation & human rights violations, Sherpa, 3 Mar 2021

Reports

• Report "Casino Case: The Connections between the Casino’s Group meat supply, deforestation and violations of the rights of the peoples inhabiting the Uru-Eu-Wau-Wau indigenous land in the Brazilian Amazon", Center for Climate Crime Analysis (CCCA), 31 May 2022

Company Response

• Groupe Casino response to BHRRC, 13 Jun 2022

Court Documents

• Plaintiff's complaint to Saint-Etienne Court, 2 Mar 2021