Credit: Fair Resource Foundation
McDonald’s Netherlands has received a penalty notice and must stop serving disposable cups for on-site dining after the Fair Resource Foundation filed an enforcement request with the Human Environment and Transport Inspectorate (ILT).
The Netherlands has required hospitality establishments to serve any food and drinks for on-site consumption in reusable packaging – unless the packaging made from high-quality recycled and recyclable PET – since January 2024. This legislation is set to reduce the impact of single-use plastic and accelerate the transition into reuse.
Back in December 2025, the Fair Resource Foundation alleged that McDonald’s had continued to package its drinks and McFlurry ice creams in single-use cardboard cups with plastic coatings and charged a €0.15 surcharge per cup – reportedly enforcing a “revenue model around prohibited single-use packaging.”
The Foundation also accused the fast food giant of “deliberately letting its own reuse system fail” while lobbying against reusable packaging requirements, with an impact report suggesting that reusable cups from McDonald’s Netherlands are only reused 3.3 times on average.
Now the Human Environment and Transport Inspectorate has investigated the complaint filed by the Fair Resource Foundation. The ILT has underlined ‘multiple violations’ during ‘dozens’ of visits to McDonald’s restaurants.
The chain must serve reusable packaging in its restaurants from 5 January 2027. If it fails to comply, it will receive a weekly fine of €625,000, with a maximum amount of €3,750,000 – a figure calculated based on the profit the chain made from its disposable cup surcharge.
“McDonald’s is a symbol of the throwaway economy,” comments Chloé Schwizgebel of Fair Resource Foundation. “Hopefully, this is the beginning of the end of it. Disposable packaging pollutes our streets, beaches, and seas, and it is a huge waste of energy and raw materials.
“It is fantastic news that McDonald’s Netherlands promises to finally have a reuse system exclusively for on-site consumption; as the market leader with over 3 million customers per week, which has a significant influence on the rest of the market, its environmental impact extends beyond that of its own company.
“When they finally make the switch, it will give a boost to the reuse sector. And this is what we have fought for. But let us not forget that this should have happened more than two years ago, that action was required from us, and that we have yet to see it in practice.”
In response to its penalty notice, McDonald’s Netherlands states: “The government and McDonald’s share the same goal: less plastic and demonstrable environmental gains.
“We have informed the ILT that we believe we are implementing the Single-Use Plastics (SUP) legislation in line with the underlying principles: less plastic and a lower environmental impact. We endorse the objective of the SUP legislation.
“At the same time, we observe that the current rules in fast-service restaurants are not working as intended. In our restaurants, on-site consumption and takeaway are mixed daily. Guests frequently decide to take their drink home after consuming on-site. This is recognizable consumer behaviour and a challenge for the entire fast-service sector.
“Our practical experience shows that low return rates for reusable cups can actually lead to increased plastic volume and a higher environmental impact.
“Since the introduction of the rules, we have transparently shared our data and experiences with the ILT and the Ministry. In doing so, we have consistently emphasized that the current working method does not automatically contribute to the environmental objective of the law in practice.
“Our efforts remain focused on proven solutions that reduce environmental impact, such as renewable and recycled materials and improved recycling.”
McDonald’s previously published a report claiming that reusable packaging has an ‘overall negative environmental impact’ compared to single-use packaging and ‘significantly impacts’ restaurant operations. It argued that a reusable packaging item must be reused over 100 times to break even on plastic waste.
Even so, the Packaging and Packaging Waste Regulation has set reuse requirements for the HORECA sector. Businesses must allow consumers to bring their own containers to be filled with hot and cold takeaway beverages by 12 February 2027.
One year later, consumers must have the option to purchase ready-made, on-the-go beverages in reusable packaging, and the sector is required to reuse 10% of its takeaway packaging by January 2030.
In other news, Yum! Brands has published its latest sustainability report and detailed KFC’s investment in reuseable packaging initiatives across European dine-in, takeaway and delivery channels.
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