ClientEarth has filed a lawsuit against Nestlé Poland over ‘misleading’ recycled content and recyclability claims made on its Nałęczowianka water bottles.
According to ClientEarth, Nałęczowianka’s bottles and multipacks feature the slogan ‘I am 100% made of recycled PET plastic’ – a statement that does not apply to its cap or label.
It also considers the on-pack statements ‘I am made from another bottle’ and ‘I am recyclable’ to be misleading, since they allegedly imply that single-use plastic will not cause environmental harm.
Data from the Institute of Environmental Protection suggests otherwise, with only 40.7% placed in Poland’s plastics recycling stream thought to be recycled in practice.
Additionally, an Ipsos survey commissioned by ClientEarth last year saw 76% of respondents in the UK, France, Germany, and Poland say they were more likely to buy a product packaged in plastic if its label described the pack as fully recyclable.
72% claimed they were more likely to buy a product in plastic packaging if it was said to contain recycled plastic – and 65% considered plastic packaging featuring green logos a positive choice for the environment.
ClientEarth argues that the recyclability of a plastic water bottle depends on the local infrastructure and national recycling systems. It asserts that the recycling rate for plastic bottles in the EU is approximately 50%, and that around 30% are used to make new bottles.
In ClientEarth’s view, Nestlé Poland is breaching consumer protection law and must stop using these slogans. Since previous negotiations with Nestlé did not culminate in an agreement, ClientEarth has filed a lawsuit with the Regional Court in Warsaw.
“Sorting waste and recycling are worthwhile elements in the fight against the plastic crisis, but we cannot pretend that this will ever be enough,” says Kamila Drzewicka, senior lawyer at ClientEarth. “Plastic is not a material that can be recycled over and over in a loop, so it quickly ends up in landfills or incinerators.
“The overproduction of single-use packaging is far outpacing recycling systems around the world. The real solution is to significantly reduce the production and use of unnecessary plastic and to urgently implement reusable solutions.”
Back in November 2023, the European Consumer Organisation (BEUC) and its members raised a complaint to the European Commission and its Consumer Protection Cooperation Network (CPC), alleging that Coca-Cola, Nestlé, and Danone were infringing consumer protection law. Making statements like ‘100% recycled’ and ‘100% recyclable’ on their plastic beverage bottles was considered misleading, as it did not apply to every component of the pack.
Now Coca-Cola says it will revise its product labels and marketing materials, including their use of ‘green’ imagery and symbols, to avoid misleading consumers.
Earlier still, ClientEarth joined Surfrider Foundation Europe and Zero Waste France in taking Danone to court, alleging that it had violated its legal requirement to disclose and address the environmental impact of its operations. The parties have since reached an agreement, with Danone now expected to publish its use of plastics, strengthen its plastics prevention policy, and attend annual meetings in the coming years.
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