Illegally filtered water: foodwatch files two new complaints against Nestlé and Sources Alma
In the scandal over illegally filtered mineral water, foodwatch has filed two new lawsuits against the manufacturers Nestlé and Sources Alma. The European consumer organisation also called on the French government to finally answer all open questions in the case.
After a local court in Epinal (France) recently dropped the case against Nestlé in return for a fine, foodwatch has now taken legal action again in a court in Paris – both against Nestlé and Sources Alma group, which produces Cristaline, the best-selling water in France. Nestlé had disinfected contaminated mineral water using illegal methods, such as UV or carbon filters, and had sold it as natural mineral water – a clear case of food fraud and a potential health hazard for consumers. Sources Alma added carbon dioxide without saying so, or used iron sulphate, both of which are prohibited treatments. In the face of this massive fraud, foodwatch is calling for the urgent appointment of an investigating judge, an end to impunity and exemplary penalties.
“For foodwatch, impunity is unacceptable: A financial deal for Nestlé must not put an end to fraud on an international scale. Nestlé cannot deceive consumers around the world for decades by illegally filtering its bottled water and then get away with it by simply pulling out the chequebook”, said Ingrid Kragl, fraud expert at foodwatch France. “Not only Nestlé, but also the French authorities, who knowingly infringed European regulations, must be punished. We also have proof that Sources Alma group, which operates in many countries, misled consumers by adding carbon dioxide to its ‘naturally carbonated’ waters and iron sulphate to get rid of arsenic contamination. We are re-filing our complaint today because the courts cannot ignore these serious facts. No multinational is above the law.”
In its first lawsuit against Nestlé, foodwatch highlights multiple violations, including consumer deception. This recent local court decision in France only concerned some Nestlé brands, such as Vittel, Hépar, and Contrex brands. However, as foodwatch points out, the illegal filtration also affects Perrier. In April, three million bottles of Perrier were destroyed due to contamination with harmful bacteria, including E. coli. foodwatch now calls for a full investigation of all Nestlé’s water brands that are affected by these illegal practices.
In a second complaint, foodwatch targets Sources Alma. Since the 1980s the company has been illegally using iron sulphate to reduce arsenic levels on the sites of its Vichy Célestins and St-Yorre waters – a process banned for drinking water. Despite Sources Alma’s claims to the contrary, foodwatch has evidence that illegal treatments were used, including adding carbon dioxide to Chateldon, a supposedly "naturally sparkling" water marketed worldwide.
foodwatch also urged the French government to draw the necessary conclusions from the case. After the consumer organisation called on the European Commission to investigate the French authorities' handling of the scandal, the Commission published an official report in July that pointed to serious misconduct on the part of the French authorities. Although the French food authority ANSES was aware of violations months earlier and pointed to health risks, there was no warning to consumers or authorities in other EU countries and the companies were able to continue marketing their fraudulent waters.
foodwatch criticizes ridiculous fine for Nestlé and refuses money from Nestlé
The scandal about illegally filtered mineral water was brought to light by media research in France at the beginning of the year. foodwatch responded then by filing a lawsuit. Recently, however, the responsible court in Epinal, where Nestlé has factories in the Vosges, dropped the case – in return for a fine of two million euros for illegal water drilling. From foodwatch's point of view, this is a ridiculous fine because Nestlé’s fraud is massive and international in scope. By comparison, Nestlé made a profit of 11.2 billion Swiss francs in 2023. To pay the fine imposed, the company needs the equivalent of just 99 minutes. This is not a deterrent at all, criticised foodwatch. In contrast, over the years of the fraud, Nestlé sold more than 18 billion bottles of ‘natural’ mineral water of Contrex, Hépar or Vittel, whose quality was in reality equivalent to that of tap water earning the company 3 billion euros.
The French court had even offered to put a figure on foodwatch's damages and to accept Nestlé's money to put an end to any legal proceedings. The consumer organisation firmly refused. These new foodwatch complaints create a new twist in the case.
“foodwatch is not giving up! This is a scandal not only for Nestlé Waters and Sources Alma, but also for the opacity of the French authorities. We cannot allow such fraud to go unpunished”, said foodwatch’s Ingrid Kragl.
Sources and additional information
- New legal action by foodwatch against Nestlé and Sources Alma
- foodwatch sues Nestlé, Press Release, 21 February 2024: https://www.foodwatch.org/en/scandal-over-illegally-disinfected-mineral-water-foodwatch-sues-nestle
- Audit report of the European Commission, 24 July 2024:
https://ec.europa.eu/food/audits-analysis/audit-report/details/4784 - Mediapart article, 18 July 2024: “Scandale des eaux en bouteille : la fraude de Nestlé s’élève à plus de 3 milliards en 15 ans”
- foodwatch International on the new revelations: https://www.linkedin.com/feed/update/urn:li:activity:7219993813073727488/
- Letter from foodwatch to the EU Commissioner for Health and Food Safety, Stella Kyriakides, 19 February 2024 (French): https://www.foodwatch.org/fileadmin/-FR/Documents/240219_lettre_Commission_foodwatch_fraude_eaux.pdf
- Directive 2009/54/EC on the exploitation and marketing of natural mineral waters: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:164:0045:0058:EN:PDF
- Le Monde article from 29 January: "Nestlé admits to having carried out prohibited treatments on mineral water to maintain "food safety" (French): https://www.lemonde.fr/sante/article/2024/01/29/nestle-reconnait-avoir-eu-recours-a-des-traitements-interdits-sur-des-eaux-minerales-pour-maintenir-leur-securite-alimentaire_6213670_1651302.html