Heineken fined US$1.75M in Netherlands over deposit return scheme breach

NETHERLANDS – Heineken Netherlands has been fined €1.5 million (US$1.75 million) by the Dutch Public Prosecution Service for breaching the country’s Deposit Return Scheme (DRS) after distributing millions of beer cans without the mandatory deposit symbol.

The fine relates to an 11-day period between April 1 and April 11, 2023, during which Heineken sold approximately 7.2 million cans that did not carry the required DRS marking.

Mandatory deposits on beverage cans came into force in the Netherlands on April 1, 2023, following a court-approved postponement from the original December 31, 2022 deadline due to practical challenges in setting up collection infrastructure.

According to the Public Prosecution Service, Heineken “neglected” its responsibilities as a major producer by continuing to fill and distribute cans without the deposit symbol after the scheme had officially taken effect.

While transitional rules allowed cans filled before April 1 to remain on the market, authorities stressed that producers were not permitted to fill new cans without the DRS label once the system was live.

“Litter can harm the health of people and animals,” the Public Prosecution Service said in a statement.

“To reduce litter, a deposit on cans was introduced. The law requires companies to charge a deposit on cans, and manufacturers were repeatedly reminded of this obligation well in advance.”

The case followed an investigation triggered by a complaint filed in May 2023 by Recycling Netwerk Benelux, a circular economy advocacy organization.

The Human Environment and Transport Inspectorate (ILT) subsequently examined the matter and referred its findings to prosecutors, who concluded that Heineken had failed to comply with labelling requirements during the early days of the DRS rollout.

Heineken has acknowledged the violation, stating that the tolerance policy around the transition period was “unintentionally misinterpreted” and that the company should have assessed the regulatory requirements more thoroughly.

The brewer confirmed it will pay the fine and donate an additional €500,000 (US$585,000) to a charity that supports the development and maintenance of the Netherlands’ DRS infrastructure.

The Public Prosecution Service noted that European environmental law requires penalties to be “effective, proportionate and dissuasive,” adding that the fine reflects the seriousness of the offence and the scale of the non-compliance.

The case comes as deposit return schemes gain momentum across Europe, with governments tightening enforcement to boost collection rates and reduce litter.

In the Netherlands, the DRS has already delivered strong returns for plastic bottles, and policymakers are keen to replicate this success for cans, placing greater scrutiny on beverage producers’ compliance.

For the wider packaging and drinks industry, the Heineken ruling serves as a clear signal that regulators are prepared to impose significant financial penalties where companies fall short, particularly during critical transition phases tied to circular economy and waste reduction targets.

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