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Report highlights regulatory gaps in Nestlé mineral water case

  • Report highlights regulatory gaps in Nestlé mineral water case

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A French Senate report released this week stated that the French government failed to disclose information related to the treatment of mineral water by Nestlé, allowing the company to use processes not permitted under current regulations for natural mineral water, including for the Perrier brand, reports France 2

The investigation indicated that the government "at the highest level" did not disclose concerns surrounding Nestlé’s treatment of mineral water, including that used in the well-known Perrier product.

Nestlé, the Swiss food and beverage company, has faced scrutiny in recent years due to EU regulations that impose strict limits on treatments allowed for products labelled as natural mineral water.

"In addition to Nestle Waters' lack of transparency, it is important to highlight the state's lack of transparency, both towards local and European authorities and towards the French people," the Senate report stated.

The findings followed a six-month Senate inquiry that included over 70 hearings.

"This concealment is part of a deliberate strategy, addressed at the first interministerial meeting on natural mineral waters on October 14, 2021," the report noted.

"Nearly four years later, transparency has still not been achieved," it added.

Nestlé, the Swiss food and beverage company, has faced scrutiny in recent years due to EU regulations that impose strict limits on treatments allowed for products labelled as natural mineral water

Perrier, sourced from southern France and widely recognised internationally, was acquired by Nestlé in the early 1990s.

In late 2020, Nestlé Waters' new management reported discovering the use of non-compliant treatments at its Perrier, Hepar, and Contrex facilities. The company contacted the government in mid-2021 to present a plan addressing the issue, including outreach to the Elysée Palace.

Approximately 18 months later, French authorities approved a plan to replace the prohibited ultraviolet treatments and activated carbon filters with a microfiltration system. While the method can remove elements like iron or manganese, it must not alter the water's characteristics.

Under European law, natural mineral water cannot undergo disinfection or treatments that change its inherent properties.

The Senate report stated that "despite the consumer fraud represented by water disinfection," legal proceedings had not been initiated following the 2021 disclosures.
"It was at the highest level of the state that the decision to authorise micro-filtration below the 0.8-micron threshold was taken," the report said.

The report further stated that the decision aligned with actions taken by various government offices, including that of then-Prime Minister Élisabeth Borne, although it noted she may not have been informed.

It also claimed that President Emmanuel Macron's office "had known, at least since 2022, that Nestle had been cheating for years," and referenced meetings between Nestlé executives and Alexis Kohler, then secretary general at the Elysée.

In 2024, Nestlé Waters acknowledged the use of banned filters and ultraviolet treatment in its mineral water production. The company paid a €2 million ($2.2 million) fine to avoid legal proceedings related to the use of unauthorised water sources and filtration methods. It stated at the time that the replacement filters had been approved by the government and that its water remained "pure."

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