What is inside the bottle?
17/09/2007

Legal expert welcomes regulations on bottled water

Consumers have the right to know what they swallow, says trade mark attorney Marilyn Krige, partner at
Adams & Adams, leading attorneys in intellectual property law.

Welcoming the regulations to govern the bottled water industry passed by the Department of Health recently, Krige says any industry that generates some R1,5 billion every year and supplies goods that people consume, should state clearly what it is offering.

The regulations state that labels on bottled water should, among, others, indicate how the product is originated and which elements have been added.

According to the South African National Bottled Water Association the industry has been growing at 20 percent per year for the last 12 years. Consumption is expected to be some 570 million litres per year by 2010.

"Despite the fact that water in most places in South Africa is good enough to drink, the bottled water industry continues to thrive. In an industry with such huge growth, consumers have the right to know what they are buying � and swallowing. This is where the new regulations come into play."

The new regulations govern the quality of water and the claims that can be made in relation to bottled water, in terms of the Foodstuff, Cosmetics and Disinfectants Act, 54 of 1972. It stipulates that bottled water is packed in a sealed container, offered for sale as a foodstuff for human consumption but does not contain sugar, sweeteners, flavouring or any other foodstuffs. Flavoured water is thus not classified as bottled water.

Krige says bottled water is divided into three categories.

"Natural water is sourced from natural springs or boreholes. This water should not be processed or treated other than to remove solid particles.

"Water from origin includes rain and spring water which is then treated, altering the chemical composition of the water. The method of sanitation must also be stated as well as its composition, rather than simply stating the analytical composition.

"Prepared water has undergone anti-microbial treatment that might modify its physio-chemical characteristics. This includes municipal water to which certain minerals are added and certain minerals and salts removed. The method of disinfection or treatment must be stated, for example, whether the water has been pasteurized or treated by reverse osmosis. The chemical composition must also be added, together with the phrase 'from a public or private distribution system', for example, bottled from a tap. The amount of iron and aluminum must also be stated.

"Furthermore, suppliers are required to attach labeling, indicating the nature of the water, whether it is naturally carbonated, non-carbonated with added carbon dioxide from source or de-carbonated. In addition, one can also add whether the product is still or sparkling," she says.

The regulations also stipulate that water may only be treated to eliminate unstable constituents such as iron, magnesium, sulfur or excess carbonates. Carbon dioxide may be added or re-incorporated if necessary, oxygen in the form of air or ozone may also be added and the water may be treated to conserve its micro biological fitness for human consumption.

Requirements have been set for the maximum levels of certain trace elements and minerals which may be present in water. Apart from the usual ones that should not be in drink water, it should not contain more than 0,05mg/litre chromium or 0,05mg/litre copper. The labeling must also state the constituents and chemical characteristics of calcium, magnesium, sodium, potassium, chloride, sulfate, alkalinity, nitrate and fluoride. In addition, the total dissolved solids and ph should be declared.

"Claims relating to any medicinal effect, either preventative or curative, are not allowed. Statements or pictorial devices about the nature, origin, composition or properties of bottled water that may create confusion are also forbidden. For example, the addition of the Heart Foundation logo in terms of these regulations is prohibited.

"While we welcome the regulation of the industry, the average person may still have difficulty to distinguish between, for example, natural spring water, natural mineral water, prepared water and water from source.

"More education to distinguish what exactly the bottled water contains and what its beneficial properties are, is therefore essential to ensure that the new regulations are multi beneficial. Whilst severe penalties could be imposed against recalcitrant role-players and the Department of Health has warned manufacturers and bottlers to toe the line, consumers, manufacturers and the department alike have equal responsibility to ensure successful application," says Krige.