THE KROGER CO. | Achieve independently verified deforestation and conversion-free supply chains at THE KROGER CO.

Status
Filed
Previous AGM date
Resolution details
Company ticker
KR
Lead filer
Resolution ask
Report on or disclose
ESG theme
  • Environment
ESG sub-theme
  • Land use inc. deforestation
Type of vote
Shareholder proposal
Filer type
Shareholder
Company sector
Consumer Staples
Company HQ country
United States
Resolved clause
Shareholders request that Kroger assess and report on the effectiveness of its due diligence policies to ensure vendor compliance with local and state laws and Kroger’s Standards, such as illegal deforestation from avocado supply chains.
Whereas clause
Public reporting suggests that Kroger may source avocados from illegally deforested land,[1] harming ecosystem function and local communities and posing reputational and regulatory risks to Kroger.

Mexico accounts for nearly 90 percent of avocado shipments to the United States.[2] It is estimated that, for the past decade, more than ten football fields a day of Mexican forests have been cleared for avocado orchards.[3]

Over the past two decades, virtually all avocado-related deforestation in the states of Michoacán and Jalisco – the largest sources of avocados for the U.S. market – has violated Mexican federal law, which prohibits conversion of forested areas to agricultural production without government authorization. The additional crime of intentionally setting forest fires frequently facilitates deforestation in this region.[4]

This burning and deforestation releases greenhouse gases, reduces carbon storage, increases floods and landslides, and undercuts biodiversity and the replenishment of aquifers.[5] Some of this deforestation is occurring within the Monarch Butterfly Biosphere Reserve, further imperiling an endangered species.[6]

Avocado production is also water intensive. Mexico’s main avocado-growing regions are currently in a severe drought,[7] and much of the water used for avocado plantations is obtained illegally.[8] The combination of illegally diverting streams, digging wells for irrigation, and replacing native forests with plantations is depleting water supplies for communities and making forests and farms more vulnerable to fires and disease.

The environmental damage from avocado-related deforestation has prompted lawsuits against major avocado importers over misleading sustainability claims.[9] Additionally, Mexican avocado imports into the U.S. have been suspended three times since 2020 due to security concerns related to criminal activity in avocado production.[10] Ensuring avocados are not associated with illegal activities can help reduce supply disruptions.

Kroger expects its vendors to “comply with all applicable environmental laws.”[11] However, Mexican government records indicate that orchards containing illegally deforested land are supplying avocados to Kroger,[12] calling into question the sufficiency of Kroger’s due diligence protocols for its avocado vendors.

Importantly, a government-sanctioned tool to help retailers and suppliers identify orchards on illegally deforested land is available and recognized by a major avocado exporting company.[13] Adequate due diligence of its supply chain standards will help Kroger address the likelihood of supply chain disruption and lawsuits, prevent greenwashing accusations, and avoid reputational risk, while protecting human rights and critical habitat.

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