Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

Criminal complaint filed against chemical giants for endangering life

Date:
25 May 2023
Relevant legislation/regulation:
Article 223-1 of the Criminal Code
Jurisdiction:
France
Status:
Ongoing
Regulator/enforcement authority:
Civil case and criminal claim
ESG Category:
Environmental
Defendant(s)/subjects(s):
Arkema

Key Facts:

In May 2023, an environmental criminal case was filed by the mayor of Pierre-Bénite, Jérôme Moroge, with the Lyon Court against the chemical group Arkema. A number of residents and associations also filed a collective criminal complaint.

Arkema is alleged to have polluted the Rhône with perfluoroalkyl and polyfluoroalkyl substances (PFAS), estimated to affect more than 350,000 people, endangering life in breach of article 223-1, Criminal Code.

The claimants are seeking, among other things, an end to the pollution of the river by PFAS and testing of current pollution levels. Arkema is said to have advised locals to not eat fruits and vegetable grown in the affected areas. The local authorities have also recommended that residents in four areas, including Pierre-Bénite, should not eat eggs, chicken or locally caught fish.

In April 2024, search warrants were executed at various sites controlled by Arkema and Daikin.

Sources: 

Le Monde article of 5 June and 6 June 2023 and Le Parisien article of April 2024

Related Insights

The CMA’s latest guidance: making green claims across the supply chain

AI, advertising, and green claims: how the ASA is stepping up its game

ESG Enforcement Tracker featured in The Lawyer’s Spotlight

The hidden price tag: human rights and money laundering risks in supply chains

International Court of Justice confirms that States have a legal duty to protect and prevent harm to the climate

French lawmakers focus on ultra-fast fashion