Danone to disclose plastic footprint after legal challenge

USA – Danone has committed to publishing data on its plastic packaging usage and disclosing associated risks following a two-year legal battle initiated by environmental groups. 

The company reached an agreement after being taken to court in January 2023 by ClientEarth, in partnership with Zero Waste France and Surfrider, over alleged non-compliance with the French Duty of Vigilance law.

The law mandates large France-based corporations to publish annual vigilance plans outlining environmental and social risks linked to their operations, suppliers, and subsidiaries. 

These plans must include prevention and mitigation measures as well as updates on implementation and results. 

ClientEarth argued that Danone’s previous plan lacked sufficient information on the environmental and social impacts of its plastic packaging, despite Danone being among the world’s top ten plastic producers, according to Break Free From Plastic.

Danone initially dismissed the claims, stating that its plastics targets were “comprehensive.” 

However, in September 2023, the Paris Tribunal Judiciaire ordered the company to enter 

mediation with ClientEarth. 

This process, facilitated by an independent mediator, resulted in Danone agreeing to update its risk calculations on plastics, publish annual data on its plastic footprint, enhance its policies on reducing plastic risks, and meet with ClientEarth and its partners annually until 2027.

Danone has already completed the first step, updating its vigilance plan to acknowledge that large-scale plastic use presents significant risks to water, air, soil, climate, human rights, and health. 

The company also committed to tracking scientific developments on microplastics’ impact.

ClientEarth’s CEO Laura Clarke welcomed the outcome, stating, “This result sends a strong signal to the food sector that plastic carries risks, and those risks need to be disclosed and addressed.” 

She emphasized the importance of ensuring Danone follows through with concrete steps toward reducing plastic use.

The term ‘deplastification,’ coined by Surfrider, refers to a shift from relying on waste management to directly reducing plastic production and use. 

The financial stakes for companies are high, with Pew Trusts estimating that by the 2040s, businesses could face at least US$100 billion in annual costs if governments require them to cover waste management expenses. 

Additionally, the Minderoo Foundation projects at least US$20 billion in legal costs for plastic pollution cases between 2024 and 2030.

Danone’s agreement marks a significant step in corporate accountability for plastic pollution, setting a precedent for other major food companies facing growing scrutiny over their environmental impact.

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