ClientEarth has accused Nestl\u00e9 Poland of greenwashing over \u201cmisleading\u201d slogans on its Polish bottled water brand Na\u0142\u0119czowianka. Nestl\u00e9 Poland opposes the allegation, telling\u00a0Packaging Insights that it will \u201cvigorously defend\u201d its position in court.\u00a0<\/p>\n
The phrases on the bottled water include: \u201cI am recyclable,\u201d \u201cI am made from another bottle,\u201d and \u201cI am 100% made of recycled PET plastic* (*not applicable to the cap and the label).\u201d<\/p>\n
According to ClientEarth, these phrases created a \u201cfalse impression\u201d about the environmental benefits of single-use plastic.\u00a0<\/p>\n
Kamila Drzewicka, lawyer at ClientEarth, says: \u201cWe request the court to issue an injunction prohibiting the use of recycling claims in a way that misleads consumers. Nestl\u00e9 Poland communicates to the consumer that the packaging it offers, although made of single-use plastic, does not have a negative impact on the environment.\u201d<\/p>\n
She adds that the legal challenge is based on the European Commission\u2019s Unfair Commercial Practices Directive, which ensures consumer protection from unfair or misleading advertising claims in the EU.\u00a0<\/p>\n
However, the Nestl\u00e9 Poland spokesperson maintains that the company follows \u201cstrict internal guidelines\u201d to ensure it complies with consumer communication regulations. Moreover, the company highlights that Nestl\u00e9 Poland\u2019s marketing teams work to \u201cimprove consumer understanding\u201d of product information.\u00a0<\/p>\n
Single-use plastic on trial<\/p>\n
ClientEarth claims that slogans on Nestl\u00e9 Poland’s Na\u0142\u0119czowianka water brand are misleading to consumers (Image credit: Na\u0142\u0119czowianka).ClientEarth helps multiple groups, including businesses, consumers, and policymakers, understand the \u201clong-term negative effects of single-use plastic.\u201d<\/p>\n
In its response to ClientEarth\u2019s greenwashing accusations, the Nestl\u00e9 Poland spokesperson details that recycling is \u201cnot the only element\u201d of Nestl\u00e9\u2019s packaging strategy, stating that \u201csince 2018, the company has reduced use of virgin plastics by 21.3%.\u201d<\/p>\n
Aside from this, the spokesperson points to Poland\u2019s latest recycling initiatives.<\/p>\n
\u201cThe DRS for bottles that launches in Poland in October aims to significantly increase packaging collection and recycling rates. Experience from other countries shows that these levels can reach over 90%.\u201d<\/p>\n
Misleading claims \u201cmust be stopped\u201d<\/p>\n
ClientEarth hopes to raise market standards for single-use plastic with the lawsuit and curb plastic production. Drzewicka says recycling slogans should inform consumers about the material composition of packaging, like the proportion of recycled content in products and correct disposal methods.<\/p>\n
Currently, most recycling claims do not provide consumers with this essential information, according to ClientEarth. Instead, \u201cthey promote recycling and, in consequence, drive plastic use.\u201d\u00a0<\/p>\n
\u201cA widespread practice of using recycling claims in the marketing of plastic packaging is highly misleading to consumers regarding its environmental impacts, which is unlawful and must be stopped,\u201d says Drzewicka.<\/p>\n
The Nestl\u00e9 Poland spokesperson says that the company remains \u201copen to substantive dialogue with civil society organizations aimed at developing best practices in environmental consumer communication.\u201d\u00a0<\/p>\n