Bundgerichtshof allows organic mineral water

Manufacturer may water „Organic mineral water“ call

17.09.2012

According to a recent ruling by the Federal Court of Justice (BGH) in Karlsruhe, manufacturers are allowed to label mineral water products „Organic mineral water“ sell when the level of pollutants is well below the thresholds of natural mineral water. Thus, the court dismissed a lawsuit from the Center for Combating Unfair Competition, which accused the producer of misleading consumers and violating competition law.

A small manufacturer in Neumarkt offers in its range a water called „Organic crystal“ on. The private interest community „Wettbewerbszentrale“, behind the u.a. The Association of German Mineral Fountain stands, saw it as a misleading of consumers. After all, natural mineral water is anyway a natural product and therefore without additives, according to the Wettbewerbszentrale.

For three years, the legal tug-of-war was between the adversaries. „Now the verdict creates legal certainty in Germany“, the company writes „Neumarkter lamb brew“ in a message. „Mineral water products which fulfill the special and precisely defined quality criteria of the Quality Association Biomineralwasser e.V., may be labeled as organic mineral water and placed on the market accordingly“. Thus, the defendant company may their organic mineral water „Bio-crystal“ continue to sell.

Organic name for mineral water allowed
The BGH thus confirmed the verdict of the Higher Regional Court Nuremberg-Fürth. This had the name „Organic mineral water“ declared admissible because „the manufacturer thus complies with the interests of consumers“. However, the manufacturer must comply with the requirement to design the label used so that a confusion with the official EU organic label for the consumer does not happen. The company has been completing the order since February of this year.

Susanne Horn, spokeswoman for the company, welcomed the verdict. The BGH "supports the legitimate interests of consumers for more transparency in the food market, and it also shows that our goal of introducing bio-criteria for mineral waters is right, after all, water is our most important food at all.“

The Community „Biomineral water e.V.“ Already in 2009, it had worked out about 50 quality criteria that a mineral water had to fulfill in order to be successful „Bio“ to call. These are according to the initiative „Stricter than the current regulations for mineral water and spring water“.

In the opinion of the Wettbewerbszentrale consumers would by the name „Bio“ For a mineral water, it suggests that the water has special properties that are much healthier and cleaner compared to conventional natural mineral waters. This is not the case, according to the Wettbewerbszentrale, because conventional waters also comply with strict legal requirements and are therefore free from additives and harmful substances. „Consequence of the BGH judgment will be that other offerers can adorn themselves with the seal of an alleged bio-quality, if they make before only the criteria fitting on their products to the bio-scale, no matter to what extent really perceptible differences to conventional competing products determine to let. This ultimately means organic marketing without neutral control“, criticized Reiner Münker, member of the board of the Wettbewerbszentrale.

Münke hopes that the Federal Court of Justice also outlines limits for the bio-marketing of mineral waters in its opinion, „in front of the consumers „quackery“ to protect. To be able to estimate this, one must wait for the written decision-making. Pleased, Münke was pleased that the „BGH has confirmed the previously stated ban on the misleading organic seal“.

Horn, however, sees the judgment as an important milestone for the organic sector. „First, it shows the growing acceptance of bio-criteria in food. On the other hand, it is an incentive to continue to establish organic certification for foods outside the EU standard with strict regulations. And it confirms the right of organic associations to extend honest bioconcepts to other food and food sectors.“ (Sb)

Read about:
Tap water better than still water
Helps drink water while losing weight?
Luxury water VOSS is tap water?
Discount mineral water better than precious brands
Stricter controls in drinking water regulation

Picture: Bio crystal of the manufacturer