After an initial fine, are we moving towards broader investigations? A Parisian judge has decided to investigate two complaints from the Foodwatch association for "deception" targeting Nestlé and Sources Alma for their possibly illicit treatment of their mineral waters, opening a case that could tarnish the political authorities.
Partially confirming information from Radio France and Le Monde, a source close to the case told AFP on Thursday that the investigating magistrate had not followed the requests of the Paris public prosecutor's office, which considered him territorially incompetent, and had decided on Wednesday to look into the case.
This autumn, Foodwatch filed two complaints with civil action against the practices of Nestlé Waters (Perrier, Hépar, Contrex, Vittel), a subsidiary of the Swiss giant, and those of the Sources Alma group, the leader in France in mineral and spring waters (Cristaline, St-Yorre, Vichy Célestins, etc.).
The complaint filed by Mr. François Lafforgue alleged a number of offences, including deception and misleading commercial practices.
This judicial information is "excellent news", reacted Karine Jacquemart, general director of Foodwatch, who hopes "to break the climate of impunity and for justice to shed full light on the responsibilities of Nestlé Waters and Sources Alma but also on the role of the public authorities and particularly the government".
In early February, Radio France and Le Monde published information accusing the presidency and the Prime Minister's office of having given in to Nestlé's lobbying.
The two media outlets cited a note from early 2023 from the Director General of Health (DGS) Jérôme Salomon, who recommended "immediately suspending the authorization for the exploitation and packaging of water for Nestlé sites in the Vosges" and extending this ban "to the Perrier bottling site (in Vergèze, in the Gard)".
This note, which was reportedly sent to the office of Prime Minister Elisabeth Borne, recommended that Nestlé be refused any exemption regarding microfiltration, at the risk of a dispute with Brussels.
But a month later, the offices of Matignon and the Elysée would have authorized it, according to the two media outlets.
Emmanuel Macron had rejected any “understanding” or “connivance” with Nestlé.
– Prohibited treatments –
As early as November 2022, Médiacités had indicated that the fraud squad was investigating “the concealed addition of industrial carbon dioxide and a banned chemical substance” to Alma spring water.
At the beginning of 2024, targeted in turn by revelations from Radio France and Le Monde, Nestlé Waters admitted to having used banned treatments in the past (carbon filters, UV) which it says it has since withdrawn, and indicated that it had informed the French government in 2021.
Following this alert, and without however making the matter public or informing consumers, the authorities then allowed manufacturers to use microfilters with a filtration threshold of less than 0.8 microns, which has been the case law since 2001, due to a lack of precision in European regulations.
Nestlé still uses 0.2 micrometer microfiltration systems today, noting that they were approved by the government in 2023 as part of a transformation plan submitted to the authorities.
"All our waters today are pure at the source," Muriel Lieneau, CEO of Nestlé Waters, also told AFP on February 7.
In a procedure specifically targeting its Vosges waters for the use of unauthorized treatments on mineral waters and the exploitation of drilling without authorization, Nestlé Waters already paid a fine of two million euros in September in Epinal to avoid a trial.
Foodwatch considered the amount to be derisory.
While a fundamental judicial principle is that one cannot be tried twice for the same facts, the Paris prosecutor's office indicated to AFP that the judge would "study as part of the judicial investigation" the effects of this fine paid by Nestlé, "likely to relate to part of the facts" falling within the scope of the judge's referral.
The question could also arise for the Alma group, targeted by proceedings at the Cusset (Allier) public prosecutor's office.
The press revelations led the Senate to launch a commission of inquiry in November, while a first Senate report released a month earlier already highlighted the "opacity" of public authorities and industrialists in this matter.
"It is fortunate that justice is taking action," said Socialist Senator Alexandre Ouizille, rapporteur of the commission of inquiry, recalling that "each hearing confirms the shortcomings of the ministries and administrative authorities."
The consumer association CLCV had also filed a complaint against an unknown person. According to the Paris prosecutor's office, it is currently being analyzed.
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