McDonald’s must switch entirely to reusable cups for on-premises consumption by 5 January 2027 at the latest. This follows from an order under penalty payment (last onder dwangsom) imposed by the Human Environment and Transport Inspectorate (ILT). If McDonald’s fails to comply, it faces a penalty of € 625,000 per violation, up to a maximum of € 3,750,000.

Since 2024, restaurants have been prohibited from serving customers food and drinks for on-premises consumption in disposable cups and containers containing plastic (single-use plastics). Reuse is the norm. Businesses that nevertheless wish to continue using disposable plastic packaging must comply with strict collection and recycling requirements. At least 85% of used cups and containers must be collected for recycling, a figure rising to 90% in 2027. Businesses must also register with the ILT in advance and keep appropriate records.

Environmental organisation Fair Resource Foundation (FRF) found that McDonald’s was not complying with these rules and asked the ILT to take enforcement action. The ILT established that McDonald’s was serving drinks in disposable cups in its restaurants without collecting the cups for recycling or keeping the required records.

McDonald’s declares that it supports the objectives of the single-use plastics legislation but argues that the rules do not align with the reality of its restaurants. According to the company, there are often hybrid situations where on-premises consumption and takeaway are intertwined. McDonald’s also says that customers do not return enough reusable cups, meaning that new plastic reusable cups have to be produced continually. 

These objections do not relieve McDonald’s of its obligations. In 2027, the ILT will check whether the company is complying with the agreements. In doing so, the ILT is sending a clear signal to the hospitality sector: businesses that continue to use disposable plastic cups and containers must also ensure that their collection, recycling and administration are in order.