ClientEarth, Surfrider Foundation Europe, and Zero Waste France v. Danone

In September 2022, NGOs ClientEarth, Surfrider Foundation Europe, and Zero Waste France sent a notice of intent to sue to Danone, where they claimed that the company does not adequately address the risks related to the plastic pollution it produces. Considering the answer by Danone, as insufficient and non-satisfactory, the NGOs have decided to bring suit before the Judicial Court of Paris. The notice of intent to sue - which was the first, and necessary, pre-trial stage – and the following summons filed before the Judicial Court of Paris, claim Danone violated the loi sur le devoir de vigilance of 2017 (Law on the duty of vigilance; incorporated in articles L. 225-102-4 and 225-102-5 of the French Commercial Code). The law on the duty of vigilance provides that specific companies (those who employ “at least five thousand employees within the company and its direct and indirect subsidiaries, whose head office is located on French territory, or that has at least ten thousand employees in its service and in its direct or indirect subsidiaries, whose head office is located on French territory or abroad”) must establish a plan to prevent the violation of human rights and environmental damage that may occur in the course of their business. The plan must “include reasonable vigilance measures to identify risks and prevent serious violations of human rights and fundamental freedoms, the health and safety of individuals and the environment, resulting from the activities of the company and those of the companies it controls (...) as well as from the activities of subcontractors or suppliers with whom there is an established business relationship, when these activities are related to that relationship.” If the plan is not correctly drafted or is inadequate to measure and prevent these risks, the company is liable for the damages that it might have prevented. Anyone with a legitimate interest can also ask for injunctive relief to force the company to comply with the law, a groundbreaking preventative mechanism for French legal proceedings. NGOs claim that the company, that is amongst the top 10 biggest plastic polluters worldwide, uses far too much plastic and has never adopted adequate measures to address the harm related to its use of plastics. Plastics are present throughout its supply chain, with a huge amount used to package its products, including water bottles and yoghurt pots. The NGOs claim an injunction to force the company to: 1. Map the impacts its use of plastics has on the environment, climate, health and human rights from production to end-of-life. 2. Provide a complete assessment of its plastic footprint, including plastics used in producing the products it sells, plastics used in logistics and promotions and plastic packaging. 3. On the basis of this assessment, put together a ‘deplastification’ plan with quantified and dated objectives and act on it.  In February 2025, the coalition of NGOs reached an agreement with Danone, following mediation conducted by the Paris Judicial Court. This agreement resulted in four commitments by Danone. 1. Updating its vigilance plan to include the risks of plastic use in its products 2. Implementing reuse solutions and the strengthening of plastic mitigation strategies 3. Publications of Plastic Footprint 4. Annual meetings with the NGO coalition from 2025-2027 The case will not go to court.