Two years after initiating legal proceedings against French food giant Danone, environmental campaigners in France – including Surfrider Europe, Zero Waste France and ClientEarth – have reached an agreement, bringing the case to a close.
The legal action was first launched in January 2023 when the group accused Danone, known internationally for brands such as Evian, Activia and Volvic, of failing to uphold its statutory duty of vigilance. The claim alleged that Danone’s use of plastics breached a pivotal French law, which obliges companies to acknowledge and address the environmental, health and human rights impacts of their operations.
In September 2022, legal warnings were issued not only to Danone but also to other major companies including Nestlé France and McDonald’s France, criticising their insufficient measures to mitigate the risks associated with plastic pollution. Despite Danone’s initial responses – including the release of a new ‘vigilance plan’ aimed at addressing these issues – campaigners maintained that the measures did not go far enough. This led to the case progressing to court hearings.
In September 2023, a judge ruled that the next phase of the dispute should proceed via mediation, allowing both sides to negotiate under the guidance of an independent mediator. A year later, the mediation culminated in an agreement that sees Danone make four key commitments:
• An updated vigilance plan that reassesses the risks associated with its plastic use.
• A strengthened policy aimed at mitigating and preventing plastic-related risks, notably through the introduction of reuse solutions.
• The publication of its plastic footprint.
• An annual review meeting, scheduled from 2025 to 2027, involving ClientEarth, its partners and Danone.
As part of the settlement, Danone has revised its vigilance plan to acknowledge that plastic packaging poses significant risks – to water, air, soil, climate, human rights and health – particularly through the presence of sensitive substances. The company also confirmed that it is closely monitoring emerging scientific insights on microplastics.
The case underscores the escalating global crisis of plastic pollution. Between 2000 and 2019, global plastic waste nearly doubled, with projections suggesting it could triple by 2060. Single-use plastics, a major contributor to this waste, have overwhelmed disposal systems and emerged as the foremost threat to marine life. Moreover, plastics are derived from oil and gas, and their production is highly carbon-intensive. Chemicals contained in plastic packaging – including endocrine disruptors – have been linked to a range of health issues, from impaired fertility to diabetes, obesity and certain cancers.
The dispute also cast a spotlight on France’s Duty of Vigilance law – a landmark piece of legislation introduced following the 2013 Rana Plaza tragedy in Bangladesh, which claimed over 1,000 lives. Under this law, large companies with more than 5,000 employees in France, or 10,000 including their subsidiaries, are mandated to produce annual vigilance plans. These plans must identify and mitigate the environmental and social risks associated with their operations across the globe, ensuring corporate accountability throughout their value chains.
With the scale of the plastic crisis mounting, campaigners argue that it is imperative for companies to take robust and transparent action to protect both people and the planet.
