Nestlé fined CHF 500,000 for illegal water filtering practices

In a significant regulatory action, Swiss food giant Nestlé has been fined CHF 500,000 ($620,000) by the canton of Vaud for illegal water filtering practices at its Henniez mineral water facility. The company was found to have used unauthorized activated carbon filters in its production process from 2008 to 2022, spanning a period of 14 years. This violation has raised important questions about water processing standards and consumer trust in Switzerland's premium mineral water industry.

The illegal filtering practices came to light during a routine inspection by the Food Safety and Consumer Protection (OFCO) of the canton of Vaud in May 2020. The investigation revealed that Nestlé Waters had been using activated carbon filters without proper authorization, a practice that violated Swiss regulations for mineral water production. Following the discovery, Nestlé attempted to obtain an exemption license but was unsuccessful, leading to a mandatory removal of the filtering system by the end of 2022.

The Vaud public prosecutor's office determined that the unauthorized filtering practice constituted a violation of Article 29 of the Federal Act on Foodstuffs. Public prosecutor Eric Kaltenrieder emphasized that consumers were misled by the product's marketing as 'mineral water' when the filtering process disqualified it from this classification. While the filtration was not deemed harmful to consumer health, the deceptive labeling provided Nestlé with an unfair economic advantage, which factored into the penalty assessment.

Following the discovery of the violation, Nestlé Waters demonstrated cooperation with authorities throughout the investigation. The company complied with the requirement to remove the activated carbon filters by the end of 2022. The relatively moderate fine of CHF 500,000 reflected this cooperation, as well as the fact that the filtering process, while unauthorized, did not pose health risks to consumers. The case highlights the balance between regulatory compliance and industrial practices in Switzerland's beverage industry.

This case underscores Switzerland's strict regulations regarding mineral water production and labeling. Under Swiss law, mineral water must maintain its natural state with minimal processing to qualify for the 'mineral water' designation. The use of activated carbon filters, while common in other water treatment processes, is not permitted for products marketed as natural mineral water. This regulatory framework aims to preserve the integrity and reputation of Switzerland's mineral water industry, which has historically been known for its high quality and natural purity.