Time is running out for plastic pariahs

In November last year, ZCA reported on the staggering potential economic repercussions for major plastic polluters due to advances in the quantification of how the substance enters and impacts our world. Just nine days into 2023, the Paris Tribunal Judiciaire (France's highest court) has received a complaint against Danone, a French corporation whose annual revenues exceed 24 billion euros. The lawsuit has been filed by ClientEarth, Surfrider Foundation Europe, and Zero Waste France. A "vigilance plan" is required by the French "Duty of Vigilance" law, which mandates that businesses above a particular size evaluate and take steps to limit the effects of their operations on the environment and human rights. The organisations contend that Danone is not upholding its legal obligations. The groups had publicly warned Danone back in September, giving the business a chance to improve its "vigilance plan.". The business responded to the formal warning letter, but the three non-governmental organisations claim the reply was insufficient and did not adequately address their demands.[i]

ClientEarth said the case was “only the beginning” of more legal challenges against major plastic polluters.

“The momentum around plastics litigation has been building fast – and it’s only the beginning,” said ClientEarth plastics lawyer Rosa Pritchard. “Companies across the plastics value chain, from fossil fuels companies to consumer goods giants and waste management companies, should be on high alert.”[ii]

Danone themselves state that their mission is to have 100% of their packaging be recyclable, reusable or compostable by 2025. They also aim to provide extended producer responsibility and deposit return schemes in 20 of their major markets by 2025.[iii] However, despite these high aspirations, the Ellen MacArthur Foundation reports that of the 716,000 tonnes of plastic Danone produced in 2020, only 67% was recyclable, reusable or compostable. Perhaps an impressive figure when seen in isolation, but with a 2025 target of 100% and just a 1.5% increase from 2018 to 2020, the situation becomes more of a challenge for those working to achieve Danone’s plastic pollution goals.[iv]

Danone: Packaging key metrics according to the Ellen MacArthur Foundation

Source: Ellen MacArthur Foundation

The single-use plastic inventory grows ever smaller

The government of England has announced that single-use items, including plastic cutlery, plates, and polystyrene trays, will be prohibited. Although the exact date of the ban's implementation is unknown, Scotland and Wales have already taken similar steps. Thérèse Coffey, secretary of the environment, said the action would contribute to preserving the environment for future generations. Campaigners applauded the ban but demanded a more comprehensive plan to reduce plastic consumption. According to government statistics, more than four billion pieces of plastic cutlery and 1.1 billion single-use plates are used annually in England.[v] This is not the first single-use plastic to be banned in England, and pressure from campaign groups suggests that it may well not be the last. One political campaigner from Greenpeace tweeted:

“Whilst the removal of billions of commonly littered items is never a bad thing - this is a very long overdue move and still a drop in the ocean compared to the action that's needed to stem the plastic tide”[vi]

In keeping with President Ferdinand Marcos Jr.'s pledge to combat ocean pollution (specifically single-use plastics), the lower house of Congress of the Philippines, in November of 2022, adopted legislation that would impose tariffs on single-use plastics. According to the measure, businesses would be subject to a charge of 100 pesos ($1.75) for each kilogram of single-use plastics they create or import. Furthermore, the fee would increase by 4% annually beginning in 2026 in an effort to reduce usage and save the environment.[vii] This marks a different approach in that it will use the tax revenue to address the waste after it has been created rather than stop its creation and demonstrates the litany of different plastic pollution solutions that could come into play as the world seeks to create a plastic-free future.

Are you ready for a plastic-free future?

With plastic legislation and litigation really beginning to gain some traction, the landscape of plastic use for commercial purposes may be more unpredictable than ever. In such cases, it is often best to do as much as possible in the knowledge that doing too much will likely have less costly consequences than doing too little. Perhaps the pinnacle of a plastic-free future is the circular economy. The circular economy has received a shot in the arm within the EU, with new reporting requirements coming into force in 2025 but requiring companies affected to begin planning this year.[viii] However, there is much work to do in this arena, as the World Benchmarking Alliance’s nature benchmark report for 2022 suggested that only 22% of organisations are ready to provide quantitative data for reporting.[ix] Even for those outside of the EU, understanding that such requirements may well be on the horizon could be vital in avoiding a lawsuit like Danone has been served with.

References

[i] Client Earth- Danone to face French court over plastic megapollution

[ii] Just Food- Danone sued in French court over plastic use

[iii] Danone- Circular economy of packaging

[iv] Ellen MacArthur Foundation- Global Commitment 2021 Signatory Report

[v] BBC- Single-use plastic cutlery and plates to be banned in England

[vi] EuroNews Green- ‘A drop in the ocean’: England bans some single-use plastics - but does it go far enough?

[vii] Reuters- Philippines lower house approves bill taxing single-use plastics

[viii] Edie- New legislation coming, but only 22% of companies ready to report quantitatively on circular economy

[ix] World Benchmarking Alliance- Nature Benchmark

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