Last year, Lawrence wrote about a lawsuit filed by three NGOs against Danone alleging that the company’s plastic pollution violated France’s duty of vigilance law. Shortly after the filing, French courts ordered a mediation in the matter – leading to a settlement. The settlement requires Danone to take ongoing actions to better track and manage its impact on plastic pollution. The Business & Human Rights Resource Centere writes that Danone must:
“Update its vigilance plan to include plastics-related risks. Within this measure, Danone has acknowledged that using plastics, especially in its packaging, will likely pose a salient risk ‘for water, air, soil, climate, human rights and health’… Furthermore, Danone must strengthen its mitigation and prevention policy regarding plastic usage. In particular, its vigilance plan covers its implementation of reuse solutions in order to limit single-use packaging solutions…Thirdly, Danone must publish its plastic footprint. Danone is set to utilize the best scientific methods available to estimate the percentage of plastic in its value chain, starting with production and ending at distribution, and make its findings publicly available.”
France’s duty of vigilance law is unique in mandating dialogue between businesses and NGOs. It requires companies to identify ESG risks and avoid severe impacts on human rights and the environment. While this case was settled without penalties, the law does allow plaintiffs impacted by companies’ vigilance failures to bring civil lawsuits seeking damages.
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