French court rejects case against Perrier over its claims as 'natural' mineral water

By Dominique Patton

PARIS (Reuters) -A French court on Tuesday rejected a case against Perrier brought by consumer group UFC-Que Choisir, which had sought a recall of all bottles of the sparkling mineral water over what it alleged was deceptive marketing of the brand as "natural".

The consumer group had argued that the Nestle-owned brand could not be described as a 'natural' mineral water given its use of microfiltration, and that there could be a potential health risk from filtration that has not yet been fully approved by authorities.

The Nanterre court ruled, however, that there was not enough evidence of an urgent health risk or a clear violation of the law to justify such drastic action.

It said Perrier could continue to be sold as before, and ordered UFC-Que Choisir to pay Nestle's legal costs. 

PERRIER WELCOMES DECISION

"We welcome the court's decision to reject all of UFC-Que Choisir's demands in this case. Today's decision confirms that the food safety of Perrier natural mineral waters has always been guaranteed," said a Nestle spokesperson.

The case was the latest development in an ongoing scandal surrounding the brand since French media reported last year that Perrier and many other mineral water producers had been illegally treating their water to prevent contamination.

An inquiry commissioned by France's Senate found in May that the French government had covered up the use of treatments for years.

Nestle said it regretted the use of the treatments and has since stopped using them, switching instead to microfiltration, which it says is safe and does not alter the mineral makeup of its water.

UFC-Que Choisir had argued that the microfiltration is another kind of treatment that has not been approved by authorities, and given its use to remove contaminants, suggests there could be a potential health risk.

NEW FILTRATION SYSTEM AWAITS APPROVAL FROM LOCAL AUTHORITIES

Famous for its teardrop-shaped, green glass bottles, Perrier has been produced from spring water in southern France since the late 19th century and marketed worldwide. Nestle's Waters division has owned the brand since 1992.

In July, Nestle withdrew its 0.2 micron microfiltration in its Vergeze factory after a request from local authorities, and replaced it with a 0.45 micron device, which it already uses for its Vittel water and has discussed with authorities.

The new filtration system is part of a broader dossier awaiting approval from local authorities for its continued production of mineral water at Vergeze.

Revenue at the Nestle Waters and Premium Beverages division reached 2.4 billion Swiss francs ($3 billion) in the first nine months of the year, accounting for less than 4% of the group's revenue.

The group is exploring options for a sale of the unit, Reuters has reported, as the Swiss food giant looks to refocus on bigger brands.

($1 = 0.7995 Swiss francs)

(Reporting by Dominique Patton and Juliette Jabkhiro; Editing by Susan Fenton, Ed Osmond and Jan Harvey)