Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

NGOs take on Carrefour France

Date:
17 March 2025
Relevant legislation/regulation:
French Corporate Duty of Vigilance of the French Commercial Code
Jurisdiction:
France
Status:
Ongoing
ESG Category:
Environmental
Defendant(s)/subjects(s):
Carrefour

Key Facts:

On 17 March 2025, following two years of negotiations and the service of two formal notices on Carrefour, BLOOM and foodwatch filed a claim against Carrefour for failing to comply with its duty of vigilance in its tuna industry.

Carrefour is subject to a duty of vigilance under the French Commercial Code, which requires large French enterprises to identify, evaluate and prevent harm to human health, human rights, and the environment arising from its activities and those in its supply chain.

BLOOM first put Carrefour on notice on 8 November 2023 for failing in its duty of vigilance in its tuna supply chain, and requested its commitment on 54 measures necessary to comply with its duty. The NGO detailed the widespread ways in which tuna fishing violated human rights and harmed the environment and consumer health.

Carrefour responded in February 2024, proposing five measures, namely: updating the Group’s risk map; stakeholder consultation; improved transparency on tuna sourcing policy; improving sustainability of supplies according to species; fishing areas and techniques; and changes to the Group’s ethics charter.

Despite this response, BLOOM considered the actual steps taken by Carrefour to be unsatisfactory. Consequently, on 19 April 2024, following an unsuccessful dialogue, BLOOM, along with foodwatch, issued a second notice on Carrefour. The notice reiterated the demands in the first notice and further elements were communicated, reminding Carrefour of the urgent need to take responsibility.

On 17 March 2025, the same day on which it filed its claim, BLOOM published a report entitled ‘Drowning the catch’ in which it set out its investigation into Carrefour’s non-compliance, and the ways it purportedly disguised its lack of will and inaction.

If BLOOM and foodwatch succeed in their claim against Carrefour, the court could order it to take measures deemed necessary to protect consumer health, human rights and the environment.

On 11 April 2025, Carrefour signed The Nature Conservancy’s (TNC) Tuna transparency pledge, aligning with a global initiative aimed at enhancing transparency and sustainability across industrial tuna fisheries.

Sources: 

The Supply Chain Report article, BLOOM article and report

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