French water control criticised by EU audit; consumers worldwide were misled

The European Commission has found major problems in French controls in the water sector, with the system failing to guarantee compliance with the rules.

An audit by DG Santé was carried out in March following alleged fraud in natural mineral waters in France, reported by the media in January, involving Nestlé Waters and Sources Alma.

The auditors found that there is a system in place for the official control of natural mineral waters and spring waters, supported by a monitoring plan and adequate laboratory capacity.

However, serious shortcomings were identified, including the absence of regular risk-based official inspections and insufficient collaboration between central and local authorities. Ten recommendations were made.

DG Santé found that inspectors lacked experience in some aspects of official controls, particularly in relation to Hazard Analysis and Critical Control Point (HACCP) processes and verification, as well as staffing and resource issues.

There were also no immediate follow-up measures to ensure that operators address issues such as the use of prohibited treatments, to recall non-compliant products and to impose sanctions on companies that place non-compliant products on the market.

Auditors said the system is not designed to detect or mitigate fraud in the natural mineral and spring water sector. It is also not properly enforced, making it possible for non-compliant and potentially fraudulent products to be sold.

“Overall, the official control system does not allow effective verification that natural mineral waters placed on the market meet the legal requirements in force,” according to the audit report.

Chronology of the incident
“It’s even worse than we thought. The report highlights dangerous weaknesses in our food control system,” said Ingrid Kragl of foodwatch France.

“Nestlé has managed to deceive consumers for decades without the authorities stepping in to stop it. The system is going off the rails: companies can sell their fraudulent products around the world without fear of consequences and consumers are left in the dark. We want the competent authorities to do their job, carry out more reliable checks and, above all, comply with the regulations.”

For natural mineral waters, disinfection treatments and any other methods likely to change the number of viable colonies in the water are prohibited by EU law. Where a Member State considers that a natural mineral water does not comply with EU rules, it may temporarily restrict its marketing and must inform the European Commission and the other Member States.

In 2020, French authorities opened an investigation into suspected fraud. They revealed that two operators had used prohibited treatments, including UV and activated carbon. 30% of natural mineral waters packaged in France were subject to such treatments. Treatments were also deliberately concealed during checks.

The audit team was informed that, as investigations were still ongoing at the sites concerned, it was not known how long the prohibited treatments had been in use. One operator stated that the purpose of the UV treatment was to ensure safety against possible microbiological deviations. Documents show that such methods had been in place for several decades.

Reaction to the audit report and Nestlé’s reaction
Auditors found that French authorities were aware that the treated water was being marketed and labelled as natural mineral water, even though it did not meet EU requirements. Legal proceedings were initiated against some operators, but no withdrawal of the incorrectly labelled products was ordered.

In one case, prohibited processing machinery was located in an area of ​​the plant that was easily accessible and inspectable. The authorities agreed that the fraudulent practices could have been detected through a targeted on-site inspection instead of basing official controls solely on analytical supervision.

In response to the report and recommendations, the French authorities said that in light of the recent findings, checks on the operators involved had been stepped up to ensure compliance with EU rules, with a suspension of operating permits not ruled out. They added that the fraud was not widespread and that the operators also had sites in other EU countries.

France presented the issue to member states at a meeting of the Standing Committee on Plants, Animals, Food and Feed in April. It said there was no food safety risk to consumers and that legal proceedings were ongoing. Some member states have reported similar concerns in the past and possible ongoing national 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 controls.

Nestlé Waters France said all the waters it bottles, including Perrier, Vittel, Hépar and Contrex, now comply with French regulations.

“As food safety is our primary focus, practices at some of our water production sites may not be compliant with the applicable regulatory framework. We regret this situation and, as part of our review, we are committed to taking steps under the supervision of the relevant authorities to ensure that our water operations are compliant with the regulatory framework. We have reason to believe that these practices have been in place for a long time. We are considering an internal review to understand how this situation could have arisen and to ensure that it does not recur in the future.”

(To subscribe to Food Safety News for free, Click here.)