Press release
Polish consumer watchdog weighs in on Nestlé greenwashing case ahead of first court hearing
21 September 2026
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Poland’s competition and consumer protection authority, UOKiK, has submitted a formal opinion to the court in ClientEarth’s case against Nestlé Poland.
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The case challenges recycling claims used on bottles and in advertising for Nałęczowianka, a Polish bottled water brand owned by Nestlé.
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The case is due to come before the Regional Court in Warsaw for the first time on 1 October.
L’Oréal Poland is facing a new legal challenge after Poland’s competition and consumer protection authority, UOKiK, launched proceedings over environmental claims it considers misleading. In announcing those proceedings, UOKiK also pointed to the formal opinion it has submitted in ClientEarth’s 2025 case against Nestlé Poland.
ClientEarth filed its lawsuit against Nestlé Poland in September 2025 over claims used on Nałęczowianka bottles and in marketing materials, including “I am 100% made of recycled PET plastic* (*not applicable to the cap and the label),” “I am made from another bottle,” and “I am recyclable.”
ClientEarth lawyers argue that claims like these can create a misleading impression that single-use plastic bottles are part of a closed recycling loop, and that recycling effectively neutralises their environmental impact.
In announcing its opinion, UOKiK raised similar concerns. The authority said the claims at issue could give consumers an exaggerated impression of how much plastic is reused and of the resulting environmental benefits. It also pointed out that not all parts of a bottle can be recycled in the same way, and that material is lost during the recycling process.
ClientEarth emphasises that recycling remains a necessary way of managing plastic that has already been produced, but that it has limitations and cannot replace measures to reduce plastic production and use.
ClientEarth senior lawyer Kamila Drzewicka said:
“Recycling cannot be presented as a simple solution to the problem of excess plastic. For years, we have been highlighting the gap between green claims on packaging and reality: most plastic very quickly becomes waste that can only be incinerated or sent to landfill.
“When buying a product, we may get the impression that all we need to do is put the packaging in the right bin for it to be recycled into new packaging. Unfortunately, the message conveyed by the labels may lead to increased consumption of single-use plastic.”
ClientEarth is asking the court to require Nestlé Poland to stop using claims and labels that, in its view, can create the misleading impression that single-use plastic bottles are fully circular. The legal action is based on Polish consumer protection rules prohibiting unfair commercial practices.
The opinion submitted by UOKiK is a formal position that the President of the authority can submit to a court where the public interest warrants it. It does not determine the outcome of the case and is not binding on the court, but the court can take it into account when considering the dispute.
The first hearing in ClientEarth v Nestlé Poland will take place on 1 October 2026 at the Regional Court in Warsaw.
ENDS
Notes to editors
About the case
ClientEarth filed its lawsuit against Nestlé Poland with the Regional Court in Warsaw on 17 September 2025. The case concerns recycling and recyclability claims used on Nałęczowianka bottles and in marketing materials, including “I am 100% made of recycled PET plastic* (*not applicable to the cap and the label),” “I am made from another bottle” and “I am recyclable”. ClientEarth is asking the court to require Nestlé Poland to stop using claims and labels which, in ClientEarth’s view, create a misleading impression about the circularity of single-use plastic bottles.
The first hearing is scheduled for 1 October 2026 at the Regional Court in Warsaw.
Legal basis
The case is brought under the Polish Act of 23 August 2007 on Counteracting Unfair Market Practices, which prohibits unfair commercial practices affecting consumers. The Act implements the EU Unfair Commercial Practices Directive (Directive 2005/29/EC) into Polish law. ClientEarth’s case argues that the recycling claims at issue amount to misleading commercial practices prohibited under these consumer-protection rules.
UOKiK opinion
The President of UOKiK may submit an “istotny pogląd w sprawie”, a formal opinion in a case, where this is justified by the public interest. The opinion does not determine the outcome of the case and is not binding on the court, but the court may take it into account when assessing the dispute. UOKiK announced that it had submitted such an opinion in the ClientEarth v Nestlé Poland proceedings in its announcement concerning separate greenwashing proceedings against L’Oréal Poland.
Further information
- Read ClientEarth’s original 2025 press release announcing the Nestlé Poland lawsuit: Nestlé Poland faces legal action over greenwashing claims.
- Read UOKiK’s 16 September 2026 announcement: Zielona ocena, czerwone światło. Zarzut dla L’Oréal Polska.
About ClientEarth
ClientEarth works in over 60 countries across Africa, the Americas, Asia-Pacific and Europe. We shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive.
We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account and defend everyone’s right to a healthy world.