Recycling claims on plastic bottles to be revised
Coca-Cola, Nestlé and Danone have undertaken to the European Commission and the Consumer Protection Cooperation Network (CPC Network) to amend certain recycling claims on their plastic bottles. The European Commission welcomed these commitments on 22 October 2026.
The revisions were preceded by a dialogue concerning the assessment of the environmental claims used under consumer law. No court or regulatory decision finding an infringement was issued. Instead, the matter concerns voluntary commitments by the companies to make the disputed claims more precise in future.
Complaint by consumer and environmental organisations
Background to the CPC dialogue
The dialogue was prompted by a complaint filed in November 2023 by the European Consumer Organisation BEUC and its member organisations. The initiative was supported by ClientEarth and ECOS. The complaint concerned recycling and environmental claims made by Coca-Cola, Nestlé and Danone.
Among other things, BEUC objected that, in the organisation’s view, claims of 100% recycled plastic content could create a misleading overall impression. Bottle caps and most labels were not made from recycled material. The organisation also criticised claims concerning recyclability and the use of green imagery.
These objections reflect the position of the consumer and environmental organisations involved. The dialogue and the commitments given do not constitute a binding finding that the companies infringed consumer protection legislation.
Participation by the companies
According to the European Commission, The Coca-Cola Company and Nestlé Waters approached the Commission on their own initiative following BEUC’s notification and voluntarily participated in the CPC dialogue. In Danone’s case, the dialogue was initiated by the European Commission and the CPC Network. Danone was the last of the three companies to provide corresponding commitments.
The coordinated action was led by the Swedish Consumer Agency and the Hungarian Competition Authority. The European Commission and the competent national authorities within the CPC Network were also involved.
More precise claims about recycled material
Exclusions for caps and labels
A key issue concerns the claim that a bottle is made from 100% recycled plastic. The previous wording, approximately translated as “I am a bottle made from 100% recycled plastic”, is to be replaced with a more precise statement.
In future, the claim is to read, approximately translated: “This bottle is made from 100% recycled material. Cap and label excluded.” This expressly clarifies that the percentage does not apply to all components of the packaging.
The commitments relate in particular to the following areas:
- Claims concerning the proportion of recycled material must make the actual scope of the claim clear.
- Caps and labels must be expressly excluded from any corresponding percentage claim where they are not covered by it.
- Recycling-related claims in digital communications must also be revised.
Coca-Cola and Nestlé had already concluded their dialogues before the Commission issued its communication. According to the Commission, both companies have already implemented parts of their commitments, particularly in digital campaigns.
Consumer protection authorities to oversee implementation
Monitoring by national authorities
The competent national consumer protection authorities will monitor whether the companies comply with their commitments. If the announced changes are not properly implemented, the authorities may take enforcement action within the scope of their powers.
BEUC and its member organisations have also announced that they will monitor implementation. The organisation’s Director General, Agustín Reyna, called for regulatory action if the three companies fail to meet their commitments.
The European Commission and the CPC Network will also examine the practices of other major bottling companies in the internal market. The purpose of any such further action would be to promote consistent standards for companies operating within the European internal market.
Stricter requirements for environmental claims
The revisions are related to the more stringent requirements under EU law governing environmental advertising. Since 27 September 2026, the stricter provisions of Directive (EU) 2024/825 on empowering consumers for the green transition, known as the EmpCo Directive, have applied.
The rules cover, in particular, generic environmental claims such as “climate neutral” or “environmentally friendly” where the applicable requirements are not met. For companies, it is therefore becoming increasingly important to distinguish clearly between a claim about the bottle, individual packaging components and actual recyclability.
Competition law assessment of the commitments
Environmental claims can influence consumers’ transactional decisions. Their assessment under competition law depends in particular on the overall impression conveyed by a specific claim and on whether material limitations are clearly apparent. The commitments given by Coca-Cola, Nestlé and Danone demonstrate that percentage claims concerning recycled material must not extend beyond the actual characteristics of the packaging components to which they refer.
Companies, investors and other market participants with questions regarding the assessment of environmental and recycling claims under competition law can contact MTR Legal Rechtsanwälte. Further information is available under competition law advice.
