Court ruling: Natural mineral water and tap water are in a competitive relationship as foodstuffs
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Natural mineral water and drinking water from the tap are in a competitive relationship with each other as foodstuffs. Water supply companies must therefore also comply with competition law regulations and may not advertise their tap water as "healthy". This was decided by the Landshut Regional Court in a recent ruling and the Verband Deutscher Mineralbrunnen (VDM) was fully justified with regard to its view on the coexistence of tap and mineral water. Already in December 2020, the Regional Court of Hanover ruled that the advertising of tap water with health-related statements as well as the claim that drinking water is "the best controlled food" is not permissible. The VDM considers the two rulings to be groundbreaking for the mineral water industry and its predominantly family-run businesses.
"The indispensable foodstuff water reaches people via various routes, piped or non-piped. The two different types of water, technically treated drinking water and the untreated natural product 'natural mineral water', compete with each other. The winners of the decision are the consumers, who can rely on a safe supply of bottled and tap water at all times," comments VDM Chairman Dr. Karl Tack on the court ruling.
In its ruling (file number 1 HK O 2132/20) of April 14, 2021, the Landshut Regional Court confirmed that natural mineral water and drinking water from the tap have a competitive relationship as foodstuffs. In this context, it is not decisive whether there is a competitive relationship between the suppliers of bottled mineral water and the suppliers of tap water in general. If drinking water and natural mineral water are compared in advertising, these products are in a direct competitive relationship to each other, at least for the specific case. In this case, the intention to promote the sale of tap water with the statements is clearly recognizable. Accordingly, both foodstuffs must comply with the strict requirements of the Health Claims Regulation (Regulation (EC) 1924/2006 - HVCO). It is therefore not permissible to advertise tap water in general terms as being healthy or containing minerals, or to make general statements about its supposedly positive effect on the body. The ruling can still be appealed.
Already on December 7, 2020, the 18th Civil Chamber of the Regional Court of Hanover (file number 18 O 178/19) ruled that health-related claims to advertise tap water are not permissible. In addition, the statement "Drinking water is the best-controlled food" was also classified by the court as inadmissible under competition law, as it misleads the consumer. The verdict of the Regional Court is already legally binding.
VDM considers the two rulings to be groundbreaking for the mineral water industry, as they answer essential questions about the coexistence of tap water and natural mineral water. The association advocates fair advertising in favor of consumers.
In spring 2020, the Munich Higher Regional Court initially overturned a temporary injunction prohibiting a water supplier from advertising tap water as healthy. The Landshut Regional Court has now ruled differently in the same matter in the main proceedings: tap water may not be advertised as healthy without further ado.
