Nestle’s Pure Life in Brazil

Recently I was fortunate to travel to São Lourenço in Brazil with Franklin Fredrick, author of the article “Protecting the Right to Water” in the Autumn 2004 issue of the Simultaneous Policy newsletter, It’s Simpol !

Earlier, on my visit to Brasilia (see previous blog), I had met politicians, civil servants and campaigners to piece together the story about Nestlé’s water bottling operations in São Lourenço and action at the Federal level to hold it to account.

In Sao Lourenco Nestle's pumping in an historic mineral water park is blamed for ruining the healing springs on which tourism in the small town is based. Contrary to federal law, Nestle demineralised the water to manufacture its Pure Life brand. While Nestle claims there has been no negative impact, tests commissioned by the BBC for a Face the Facts programme on the case and official government test results found the opposite.

Nestlé built its Pure Life factory and surrounding wall in the area of high risk to the aquifer, contrary to Federal Law (DNPM 231/98). Trees close to Nestlé's borehole (from which it was pumping over half a million litres per day) are dying (see map and pictures on the Baby Milk Action website).

The Public Prosecutor in the town, Pedro Paulo Aina, brought a legal action for compensation after campaigners gathered 3,000 petition signatures, prompting an investigation. He said:

"We began an inquiry to find the facts and after about seven months of investigation we came to the conclusion that there were two principle and fundamental problems. The illegal nature of the exploitation of the Primavera Spring and the over-exploitation of the mineral water aquifer. The excessive exploitation is dangerous not only for tourism, and the whole city lives on tourism, but also in the sense that it puts at risk a gift of nature that is not just Sao Lourenco's but of all humanity."

The legal action stopped exploitation only briefly as Nestle won an appeal to continue working while the case was heard. Four years later, the case is still tied up in the courts.

Nestle acquired the water park in the historic spa town of São Lourenço in 1992 when it took over Perrier. In 1996, without authorisation, it sank 158 metre deep wells into the aquifer and later began producing its Pure Life brand of processed water. Pure Life production was stopped in October 2004 as demineralizing the precious waters from the park is against Federal Law. However, the campaign continues as Nestlé is still pumping water so it can extract the gas to carbonate other brands. For a past Baby Milk Action article on this case see http://www.corporatewatch.org.uk/?lid=580

Federal Deputy, Dr. Rosinha organised a public hearing into Nestlé's Pure Life operation before the Consumer Defence Committee in the House of Congress on 1 July 2004 after Nestlé challenged an order paralizing water extraction in court. The head of the regulatory authority, DNPM, spoke at the hearing.

The Congress journal reports: "According to DNPM, the contract for Nestle to exploit mineral waters in the Park of Sao Lourenco does not permit the expansion of wells, which requires new environmental impact studies, that had not been done. The director of DNPM also said that the demineralisation of water is against the fundamental principles of the Mineral Water Code, that requires the integral protection of mineral salts."

For an in-depth article on the case, backed by legal and other documents, contact mikebrady@simpol.org.uk

For a wealth of information in Portuguese see the website http://www.circuitodasaguas.org/

A similar story was found at Sanctuary Springs in Michigan in the US. Campaigners there won a legal battle to stop over-exploitation after they found changes to water levels, most dramatically where a stream had dried up, in an area of ecologically significant marshland. Lawyer, Jim Olson, told the BBC: "The judge ultimately in the case shut down the well and concluded that there was no property right or legal right or water right for a company to extract water in a fashion that would diminish the flow or reduce the level of any lake, stream or wetland." Yet again, Nestle appealed to continue operating while the case is heard and, again, the case is tied up in the courts. BBC Face the Facts reported on the São Lourenço case and a similar situation in Michigan, USA, on 22 July 2005 (click here).