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French Food Giant Danone Sued Over Plastic Use Under Landmark Law - The New York Times - 0 views

  • Throughout their life cycle, plastics, which are manufactured from fossil fuels, release air pollutants, harm human health and kill marine life. In 2015, they were responsible for 4.5 percent of global greenhouse gas emissions, one recent study found, more than all of the world’s airplanes combined.
  • Figures from the Organization for Economic Cooperation and Development show that, over the past seven decades, plastics production has soared from two million metric tons (there are about 2,200 pounds per metric ton) to more than 400 million — and is expected to almost triple by 2060.
  • Danone alone used more than 750,000 metric tons of plastic — about 74 times the weight of the Eiffel Tower — in water bottles a, yogurt containers and other packaging in 2021, according to its 2021 financial report.
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  • “We’re not going to recycle our way out of this,” Mr. Weiss of ClientEarth said.
  • Environmental groups also say that recycling has not proved effective at the scale necessary: Only 9 percent of all plastics ever made have been recycled, according to the United Nations, with most of the rest ending up in landfills and dumps.
  • The company said that it reduced its plastic consumption by 12 percent from 2018 to 2021, and that it has committed to use only reusable, recyclable or compostable plastic packaging by 2025. But Danone is not on track to reach that target, according to a report by the Ellen MacArthur Foundation, which set up a voluntary program with the United Nations for big companies to address plastic pollution.
  • To sue Danone, the environmental groups have relied on the so-called duty of vigilance law, a groundbreaking piece of legislation that France passed in 2017. It requires large companies to take effective measures to identify and prevent human rights violations and environmental damages throughout their chain of activity.
  • The French duty of vigilance law, the first of its kind in Europe, has since inspired similar legislation in Germany and the Netherlands, as well as a proposed European Union directive.
  • There is nothing like a duty of vigilance law in the United States. The Break Free From Plastic Pollution Act, which would require plastic producers to finance waste and recycling programs, and ban single-use plastic bags and the exporting of plastic waste to developing countries, is currently in committee.
  • “It’s often about streamlining existing practices,” said Pauline Barraud de Lagerie, a sociologist at University Paris Dauphine who published a book on corporate responsibility. She added that by suing companies, “N.G.O.s are trying to somehow bring back an obligation of result.”So far, around 15 legal cases based on the French law have been reported. Half of them have gone to court and are still awaiting judgment, which could take years.
  • The lawsuit is part of a wider trend of climate litigation that has gained momentum in recent years, expanding the climate fight beyond traditional demonstrations and civil disobedience initiatives.
  • The number of climate change lawsuits globally has more than doubled from 2017 to 2022, from about 900 to more than 2,000 ongoing or concluded cases, according to data from the Grantham Research Institute and the Sabin Center for Climate Change Law.
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