Anti-OXO Cabal
ITALY
Novamont vs. Kromabatch
Novamont (part of Eni) filed a lawsuit in Italy against Kromabatch concerning oxo-biodegradable plastics, a technology competing with certain compostable bioplastics. As a result of the legal proceedings, Kromabatch was required to cease its bioplastics-related activities following the judge’s ruling.
The judge who presided over the Novamont vs. Kromabatch case was later executed (killed with gunshots) in his courthouse in an unrelated incident.
More on Category: Legal, Anti-Trust and Cartel
EU
The Single-Use Plastics Directive (EU SUPD) introduced a ban on oxo-degradable plastics, a type of plastic designed to degrade under the influence of UV light and oxidation. The ban was justified on the basis that such materials could fragment and potentially contribute to microplastic pollution.
The amendment banning oxo-degradable plastics was considered unusual by some observers because it addressed a very specific and highly technical aspect of plastic additives, notably targeting plastics containing metal-based pro-oxidant additives.
Oxo-degradable plastics represent a competing technological approach within the broader field of biodegradable or degradable plastics, which differs from the compostable bioplastics promoted by companies such as Novamont.
Under normal EU regulatory practice, technical evaluations and potential restrictions on chemical substances are typically handled through the REACH Regulation, which empowers the European Chemicals Agency to assess scientific evidence and recommend restrictions where appropriate.
In fact, ECHA had begun examining the issue of oxo-degradable plastics under the REACH framework. However, the European Commission later asked the agency to halt this process as the matter was being addressed through the legislative process of the Single-Use Plastics Directive.
The rapporteur responsible for the directive in the European Parliament was Vittorio Prodi, the brother of former Italian Prime Minister Romano Prodi.
Industry groups, including European Bioplastics, of which Novamont is a member, actively lobbied during the legislative process leading to the inclusion of the oxo-degradable plastics ban.
Novamont and OXO bioplastic films differ in several key ways, especially regarding their intended end-of-life management once they are no longer needed.
OXO bioplastic films are designed to be collected and removed from agricultural fields after use, then sent to recycling or recovery facilities. If they are not collected, the OXO additives activate degradation through exposure to UV (ultraviolet) light. In that sense, the additives act as a safeguard, helping the material break down if it is littered or left behind.
Novamont bioplastic films, by contrast, are designed to be plowed into the soil or buried after use. Farmers are expected to incorporate the films into the ground using tractors as part of the disposal process.
Critics argue that this approach may pose greater risks to soil ecosystems, including microorganisms, worms, and humus content. Concerns have also been raised that such films could influence soil pH levels and increase acidity over time.
Symphony Environmental Technologies
Symphony Environmental Technologies argued that the ban on oxo-degradable plastics introduced in the Single-Use Plastics Directive unfairly targeted its technology and was therefore unlawful.
The company brought legal proceedings before the Court of Justice of the European Union against the European Commission, the European Parliament, and the Council of the European Union, arguing that the oxo-degradable plastics ban was illegal.
The EU institutions ultimately won the case, and the challenge brought by Symphony Environmental was dismissed.
OXO vs Compostable / Soil biodegradable
I’m not in favour of using plastic mulch films in agriculture.
However, if their use is unavoidable, then I believe that soil-biodegradable plastics (often referred to as compostable plastics in the packaging industry) are a worse option than materials such as OXO or PHA, which are designed for surface biodegradation.
Why?
Because plowing used plastic mulch films into the soil is one of the worst possible practices the plastics industry has introduced. These materials do not truly biodegrade under real field conditions and instead contribute to long-term soil contamination in the worst possible way.
ENI - SLAPP 