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Swiss food and drink giant Nestlé, US food and drink conglomerate the Coca-Cola Company and global food corporation Danone face legal scrutiny over ‘misleading’ claims made on bottle packaging, according to a report by GreenBiz.

According to the report, Nestlé, Coca-Cola and Danone all sell plastic water plastic water bottles marketed as being either 100% recyclable or renewable.

However, a number of environmental groups had claimed the wording was “misleading”, the 15 November report said.

The Environmental Coalition on Standards (ECOS), the Bureau Européen des Unions de Consommateurs (BEUC), and ClientEarth had filed a joint “external alert” for review by the EU Commission’s Consumer Protection Cooperation Network (CPCN), that claimed the brands could be committing “widespread infringement of consumer protection law,” GreenBiz wrote.

“A ‘100%’ recycling rate for bottles is technically not possible and, just because bottles are made with recycled plastic, does not mean they don’t harm people and the planet,” ClientEarth lawyer Rosa Pritchard was quoted as saying.

“These claims — which we consider to be misleading — are making it hard for consumers to make good environmental choices,” Pritchard added.

Describing the concept of plastic bottle circularity as “a myth”, Pritchard said: “Claims on bottles that promote this idea risk misleading consumers and presenting an obstacle to the green transition,” she said. “Consumers need access to fair, honest information about the environmental impacts of products and clear information on recycling.”

However, Natural Mineral Waters Europe — which represents more than 550 bottled water brands across Europe, including Danone and Nestlé — was quoted as saying the industry followed “recognised, robust frameworks” with regards to recycling design and consumer guidance for polyethylene terephthalate (PET) bottles, although it also said that “further improvements” could still be made through upcoming EU regulations on packaging and green claims.

A spokesperson for Nestlé was quoted as saying: “We work hard to reduce the amount of plastic packaging we use; to lead investments and support packaging circularity alongside partners, and to communicate clearly with consumers who want to make informed choices. Nestlé has reduced its amount of virgin plastic packaging by 10.5% since 2018 and we are on track to get to one-third less virgin plastic by the end of 2025.”

Although Danone had not commented directly on the legal complaint made against the three companies at the time of the report, the firm was quoted as saying in a statement that “we strongly believe in the circularity of packaging — and will continue to invest and lead the campaign for better collection and recycling infrastructure alongside our partners.”

“We have also made real progress … [in] reducing single use plastic and virgin plastic use,” the company added in the statement, highlighting a 10% absolute reduction since 2018.