French Food Groups ADEPALE and FIAC to Lodge Appeals Against BPA Fines

In response to fines imposed by France's competition watchdog, L’Autorité de la Concurrence, two major French trade groups, L’Association Des Entreprises de Produits Alimentaire Élaborés (ADEPALE) and La Fédération des Industries d’Aliments Conservés (FIAC), are gearing up to challenge the penalties related to the use of bisphenol A (BPA) in packaging.

Last week, L’Autorité de la Concurrence disclosed its intention to fine ADEPALE and FIAC for allegedly colluding with manufacturers to conceal information about the presence or absence of BPA in packaged foods in France. ADEPALE is facing a penalty of €482,400 ($527,516), while FIAC is required to pay €138,000.

In their joint statements, both ADEPALE and FIAC vehemently denied the allegations, expressing their intent to vigorously contest the watchdog's decision. The trade groups emphasized their commitment to adhering to competition laws, asserting that all parties involved acted within the legal framework and objectives established by the law, along with the recommendations developed by public authorities.

ADEPALE and FIAC underscored the sector's collective efforts to swiftly implement legislation prohibiting the intentional use of BPA in food containers. This legislation was adopted by the French legislator as a precautionary principle, reflecting the industry's dedication to compliance and public safety.

France's anti-trust body has fined four professional associations and 11 food companies following a comprehensive three-year investigation. The Autorité de la Concurrence revealed that the implicated groups had implemented a collective strategy aimed at preventing manufacturers in the sector from competing based on the presence or absence of Bisphenol A in food containers such as cans and tins.

In its decision, the watchdog pointed out that FIAC played a central role in steering the cartel, encouraging producers not to compete on the BPA issue and coordinating communications to consumers on this matter. The collective penalty for the trade groups and companies accused amounts to €19.6 million.

L’Association Nationale des Industries Alimentaires (ANIA), an agri-food association, faces the highest penalty among the professional organizations, totaling €2.7 million. The can manufacturers' trade union, Le Syndicat National des Fabricants de boîtes, emballages et bouchages métalliques (SNFBM), and can suppliers Ardagh, Crown, and Massilly were also identified as participants in the cartel.

Among the 11 food companies involved, Bonduelle, Unilever, and General Mills are expected to pay fines of €2.9 million, €1.3 million, and €298,000, respectively. This broad enforcement action underscores the watchdog's commitment to maintaining fair competition practices within the industry.

As the legal battle unfolds, the contested fines reflect the complexities surrounding competition and regulatory compliance in the food and packaging sector. The outcomes of the appeals by ADEPALE and FIAC will likely shape the regulatory landscape and practices within the industry, highlighting the importance of transparency and fair competition in ensuring the safety and trust of consumers.