why the group could escape trial

The Epinal court could validate a transaction on Tuesday that would put an end to legal proceedings targeting the multinational producer of Perrier, Vittel and Contrex bottles.

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The Nestlé Waters bottling plant in Contrexéville, France, on May 23, 2023. (JEAN-CHRISTOPHE VERHAEGEN / AFP)

Will there ever be a trial in the case of the banned filters used by the Nestlé group on its natural mineral waters? The case was revealed at the beginning of the year by The World and the Radio France Investigation Unit, but this Tuesday, September 10, the Epinal court could change the course of things after the prosecutor initiated a procedure for a public interest judicial agreement (CIJP).

Nestlé is the subject of two preliminary investigations: one concerning potential illegal drilling in the water table, the other concerning prohibited treatments used by Nestlé to mask the contamination of its natural mineral waters. These two cases are completely separate, but the public prosecutor has nevertheless decided to combine them in the framework of a procedure called “CJIP” which would allow Nestlé to escape judgments in these two cases and any criminal conviction, in exchange for the payment of a fine to the State and the associations.

Some plaintiff associations have agreed to quantify the damage but criticize the method. Others, such as Foodwatch, categorically refuse any financial transaction, accusing Nestlé of wanting to “sweep the matter under the carpet” and get away with it without any further explanation or consequence.

This is not the first time that Nestlé has avoided a trial thanks to this procedure. In 2022, Nestlé had already signed this type of judicial agreement with the Charleville-Mezières public prosecutor’s office, after the pollution of a river caused a high fish mortality. But if this CJIP procedure, created in 2016 by the Sapin law, was indeed extended in 2020 to environmental damage, it cannot be used according to the legislation for crimes of deception, as is the case in the case of contaminated water treated illegally.

Banned treatments that the authorities have known about for several years. Informed by the multinational itself in August 2021, the government decided not to inform the courts or the European authorities, as required by the regulations. Allowing Nestlé to escape a public trial in this case would also deprive bottled water consumers of answers to questions about the State’s responsibility in this case.


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