Press release
Due diligence and plastics: NGOs and Danone reach an agreement after mediation
21 February 2025
In January 2023, the coalition of NGOs ClientEarth, Surfrider Foundation Europe, and Zero Waste France sued Danone S.A. for failing, according to them, to comply with the French duty of vigilance law, in relation to plastic. Today, the coalition of NGOs and DANONE have reached an agreement after a mediation was ordered by the Paris Judicial Court.
This agreement, which puts an end to the procedure, resulted in four commitments from Danone:
1. An update of the various risks related to the use of plastic, in its vigilance plan [1] ;
2. The strengthening of a policy for mitigating and preventing the risks associated with the use of plastic, in particular the implementation by Danone of reuse solutions;
3. The publication of its plastic footprint;
4. The holding of an annual meeting from 2025 to 2027 between the coalition of NGOs and the Danone group.
Following discussions between Danone and the coalition of NGOs as part of the mediation, Danone has updated its vigilance plan. The company also indicates that the use of plastic, particularly in its packaging, is likely to generate a salient risk "for water, air, soil, climate, human rights and health". Specifically, the risks associated with the presence of sensitive substances in plastics are specifically identified. In addition, Danone says it is monitoring the evolution of science about the potential impacts of microplastics.
According to Kamila Drzewicka, spokesperson for the NGO coalition: "We now have a vigilance plan that identifies - in our opinion for the first time - in its mapping the risks related to the production and use of certain plastics and additives that are likely, due to the migration of sensitive substances, to generate impacts on human health throughout the life cycle of plastics".
With regard to risk mitigation and prevention actions, the vigilance plan includes measures relating to the reduction of the use of plastic in packaging, the development of reusable packaging, and the management of plastic waste.
For example, Danone's vigilance plan contains developments on reuse solutions, in order to limit single-use packaging, particularly plastic. As such, the company is committed in the coming years to publishing consistent information on the nature, duration and location of the pilot projects it is implementing with its partners in the fields of bulk and reuse.
Regarding human rights, the plan includes specific measures to improve living conditions for collection and recycling workers.
According to Kamila Drzewicka, spokesperson for the NGO coalition: "Danone's updated presentation of the risks associated with the use of plastic, which is included in its vigilance plan, represents a significant step forward. This is a strong signal sent to the entire agri-food sector. However, we remain extremely careful to ensure that companies do not replace plastic with other single-use materials: the implementation of reuse systems and reduction, without substitution, are the best ways to fight against plastic pollution.”
Following the action of the NGOs, Danone has intensified its approach aimed at estimating, in percentage, the presence of plastic in its value chain (from production to distribution). The goal of the coalition is for manufacturers to know, in the long term, the overall amount of plastic that their activities require. Thus, Danone intends to identify the presence of plastic in its activities, according to the best available scientific methods recognized as relevant. In order for NGOs to evaluate its efforts in this direction, the company commits to publishing essential information relating to its reuse projects.
According to Kamila Drzewicka, spokesperson for the NGO coalition: "Two years ago, we noticed that Danone's strategy, focused exclusively on recycling, was in our opinion inadequate. To prevent the risks associated with the use of plastic, companies must do everything possible to reduce its use. For a company like Danone, where the majority of the plastic identified comes from packaging, this involves the development of bulk and reuse solutions. But only a complete and transparent plastic assessment will make it possible to assess the impact of the group's actions to deplastify.”
Danone and the NGO coalition have agreed to hold an annual meeting until 2027.
According to Kamila Drzewicka, spokesperson for the NGO coalition: "We will continue to discuss with Danone and will remain attentive to the ways the company continues to reduce the presence of plastic throughout its value chain and activities, whether in the context of pilot projects in the field of bulk and reuse or in terms of plastic packaging management."
Almost two years ago, the coalition of NGOs asked Danone to publish a new vigilance plan identifying the presence of plastic across its activities and value chain in order to commit to a plastic reduction trajectory. In return for the commitments obtained in the context of the mediation, the coalition of NGOs withdraws the court action it launched against Danone.
According to Sebastien Mabile, lawyer at Seattle Avocats and counsel for the coalition: "This agreement illustrates the potential of the Duty of Vigilance law, as it enables a constructive dialogue between business and civil society to prioritize and mitigate potential risks, but also to prevent harm.”
ENDS
Notes to editors:
[1] Under the French Duty of Vigilance law, large companies with more than 5,000 employees in France, or 10,000 employees in France and their foreign subsidiaries, must publish an annual ‘vigilance plan’ identifying the environmental and social risks stemming from their activities and those of their subsidiaries, suppliers and subcontractors, all around the world. These plans must include mitigation and prevention measures adapted to the severity of these risks, as well as a report on the implementation of these measures.
Link to Danone's vigilance plan (March 12, 2024) https://www.danone.com/content/dam/corp/global/danonecom/investors/fr-all-publications/2023/registrationdocuments/deudanone2023accessible.pdf
A few words about the NGO coalition
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. 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. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together.
The NGO Surfrider Foundation is a collective of positive activists who take concrete action on the ground on a daily basis to pass on a preserved ocean to future generations. Our mission: to carry the voice of the Ocean loud and clear! Our weapons? Raising awareness and mobilising citizens, children and adults alike (in particular through our volunteer branches throughout Europe), using our scientific expertise to carry out lobbying actions and transform companies.
Zero Waste France is a citizen association, created in 1997, which campaigns for the reduction of waste and better management of resources. It defends an ambitious zero waste, zero waste approach, which gives priority to reducing waste at source. Its vision is part of a global ecological transition, respect for human rights and better consideration of the most disadvantaged populations and future generations.