The European Commission has identified major problems with French inspections in the water sector, where the system does not guarantee compliance with the rules.
In March, a DG Sante audit was carried out following alleged natural mineral water fraud in France, reported by the media in January, involving Nestlé Waters and Sources Alma.
Auditors found that a system is in place for the official control of natural mineral water and spring water, supported by a monitoring plan and adequate laboratory capabilities.
However, serious shortcomings were identified, such as the lack of regular risk-based official inspections and inadequate cooperation between and within authorities at central and local level. Ten recommendations have been made.
DG Sante found that inspectors lacked experience in some aspects of official controls, in particular the processes and verification of Hazard Analysis and Critical Control Points (HACCP), as well as personnel and resource issues.
There was also a lack of immediate follow-up action to ensure operators address issues such as the use of banned treatments, recalls of non-compliant products and fining companies for marketing non-compliant products.
Auditors said the system is not designed to detect or mitigate fraud in the natural minerals and spring water sector. It is also not properly enforced, allowing the sale of non-compliant and potentially fraudulent products.
“Overall, the official control system does not effectively verify whether natural mineral waters placed on the market meet the relevant legal requirements,” the audit report said.
Timeline of incidents
“It’s even worse than we suspected. The report sheds light on dangerous weaknesses in our food control system,” says Ingrid Kragl of foodwatch France.
“Nestlé has been misleading consumers for decades without the authorities putting a stop to it. The system is failing: companies can sell their fraudulent products all over the world without fear of consequences and consumers are left in the dark. We want the competent authorities to do their work, carry out more reliable checks and, above all, comply with the regulations.”
For natural mineral waters, disinfection treatments and any other methods that could alter the number of viable water colonies are prohibited under EU law. If a Member State considers that a natural mineral water does not comply with EU rules, it can temporarily restrict its trade and must inform the European Commission and other Member States.
Investigations into suspected fraudulent activity by French authorities began in 2020. It revealed that two operators had used banned treatments, including UV and activated carbon. 30 percent of the natural mineral water packaged in France was subjected to such treatments. Treatments were also deliberately concealed during audits.
The audit team was told that as investigations were ongoing at the sites involved, it was not known how long prohibited treatments had been used. One operator said the purpose of the UV treatment was to ensure safety against possible microbiological abnormalities. Documents show that such methods have been around for decades.
Response to audit report and from Nestlé
Auditors found that French authorities knew that treated water was being marketed and labeled as natural mineral water, even though it did not meet EU requirements. Legal proceedings were initiated against some operators, but no withdrawal of mislabelled products was ordered.
In one case, the prohibited processing machinery was located in an easily accessible and inspectable area of the factory. Authorities agreed that fraudulent practices could have been detected through a targeted on-site inspection rather than basing official controls solely on analytical surveillance.
Responding to the report and recommendations, French officials said that in light of the recent findings, controls on affected operators have been stepped up to ensure compliance with EU rules, not ruling out suspension of operating permits. They added that the fraud was not widespread and that operators also have locations in other EU countries.
France presented this topic to Member States during a section of the meeting of the Standing Committee on Plants, Animals, Food and Feed in April. They said consumers were not exposed to any food safety risk and legal proceedings were underway. Some Member States have reported similar concerns in the past and possible ongoing domestic problems with the production of natural mineral water. The European Commission has asked countries to take the findings of the incident into account in their checks.
Nestlé Waters France said all the water it bottles, including Perrier, Vittel, Hépar and Contrex, now meets French regulations.
“With food safety as a primary goal, practices at some of our water production sites may not comply with the applicable regulatory framework. We regret this situation and as part of our review we are committed to taking action under the supervision of the relevant authorities to ensure that our water activities comply with the regulatory framework. We have reason to believe that these practices have been around for a long time. We are investigating an internal review to understand how something like this could have happened and to ensure this does not happen again in the future.”
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