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Nestlé Waters avoids trial with €2m fine for illegal water drilling in France

Nestlé Waters will pay a €2 million fine and fund environmental restoration projects after illegal water drilling investigations. AFP - JEAN-CHRISTOPHE VERHAEGEN

Swiss group Nestlé has agreed to pay a €2 million fine following a settlement over illegal water drilling and unauthorised treatments for its mineral waters, including Vittel and Contrex.

The company water subsidiary, Nestlé Waters, reached a settlement known as a judicial public interest agreement (CJIP) on Tuesday with the prosecutor in Epinal, in eastern France.

The fine comes after two investigations revealed that Nestlé had been drilling without permits and using unapproved purification methods, including ultraviolet treatment and charcoal filters, in its water production.

The company acknowledged these actions and has since stopped the unauthorised treatments.

Prosecutor Frédéric Nahon said the fine must be paid within three months. He described the agreement as “the most significant environmental CJIP ever signed in France”.

Damage repair

Unlike a full trial, a CJIP does not result in a formal conviction but allows for the payment of fines and reparations without a declaration of guilt.

Alongside the fine, Nestlé Waters has committed to investing €1.1 million in an environmental restoration plan for two local rivers, the Petit-Vair and the Vair.

This plan will also focus on restoring wetlands in Vittel and Contrexéville, two towns closely linked to the company’s water production. The project will be supervised by the French Office for Biodiversity for the next two years.

In addition to the fine, Nestlé Waters will pay €516,800 in compensation to environmental groups. These include Vosges Nature Environnement, Foodwatch, and Eau 88, which were behind the complaints leading to the investigation.

'Limited justice'

Some organisations, however, expressed dissatisfaction with the settlement.

This agreement allowed those with money to avoid a full trial and a criminal record, said Bernard Schmitt of Eau 88.

“Without this agreement, we would have faced a lengthy legal battle, possibly lasting five to 10 years, with minimal consequences,” he said.

Marie-Amandine Stévenin, president of UFC-Que Choisir, said the case highlights “the unfortunate limits of the French justice system”.

Despite the criticisms, the Epinal prosecutor emphasised that Nestlé Waters had fully cooperated with both the judicial and administrative authorities.

Fishing club files complaint against Nestlé for pollution in Ardennes river

The company ceased the unauthorised treatments in 2023 and there were no health risks to the public.

Nestlé Waters also agreed to conduct an impact study on water levels in the affected aquifers, addressing concerns raised by environmentalists.

We demanded that an impact study be part of the agreement because we no longer have the luxury of waiting when facing urgent climate and resource challenges," said Eau 88 lawyer François Zind.

This isn’t the first time Nestlé has faced environmental issues.

In 2022, it settled another CJIP after being blamed for a pollution incident in the Aisne River, which killed six tonnes of fish.

Although the company contested its role, it paid a €40,000 fine.

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