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    Home » Legal Saga: Perrier Classified as Soda, Subject to Taxation, Not Water
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    Legal Saga: Perrier Classified as Soda, Subject to Taxation, Not Water

    Sifon PhilipBy Sifon PhilipJune 8, 2024No Comments4 Mins Read
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    A picture of Perrier mineral water
    Source: Pinterest
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    Nestlé’s Perrier has been known as French mineral water for over a hundred years, but that would no longer be the case in Pennsylvania. In 2019, the patron, Jennifer Montgomery, bought a 16-ounce Perrier bottle for 24 cents at a convenience store in Pennsylvania.

    This didn’t sit well with Montgomery because the product has always been marketed as mineral water, and they aren’t supposed to be taxable. Sadly for the brand, Montgomery filed two petitions against it. One of the petitions Jennifer Montgomery filed against Perrier French Mineral Water was a demand for a refund for the sales tax.

    More on Montgomery’s Petition

    A picture of someone filing a petition
    Source: Pinterest

    Montgomery filed a petition with the Pennsylvania Department of Revenue Board of Appeals because mineral water isn’t meant to be taxable, but she was charged for hers. According to Pennsylvania’s law, water isn’t meant to be taxable because it’s essential for survival.

    However, if companies add sweeteners, flavors, etc., to the water, it’s taxable. Aside from filing a petition against Perrier Mineral Water, Montgomery also filed a petition for refunds against the convenience store where she bought the product.

    After Montgomery filed the petition, the Pennsylvania Department of Revenue Board of Appeals concluded in late 2019 that Perrier isn’t natural mineral water but carbonated water. For this reason, it is meant to be taxed. However, Montgomery strongly believes that Perrier is mineral water. At least, that’s what the company has always said.

    ALSO READ: Nestlé Discontinues Popular Biscuits Breakaway and Yorkie After 54 Years

    What Is Perrier French Mineral Water?

    A picture of Coca-Cola bottle
    Source: Pinterest

    Since Nestlé produced Perrier, it’s been branded as French mineral water. The company explained that the Mineral Water is from the South of France, gotten underground, and then bottled at the company.

    According to the company, the product is naturally carbonated rather than artificial. This was the statement Montgomery used when filing her petition. Also, Perrier doesn’t naturally have bubbles, but bubbles arise when it’s being taken to the site.

    Because of these bubbles, the product is just like every other carbonated drink. Will Perrier still be known as mineral water now that the court has called it carbonated water? The company hasn’t made a statement yet, but experts have said there’ll likely be a slight change.

    Experts also agree that this new ruling wouldn’t affect the brand much, especially given the current rise in healthy soda.

    What the Court and the Government Found

    According to the Pennsylvania court, Perrier mineral water is a soft drink similar to nonalcoholic beverages such as soda water, lemonade, or carbonated water. The court also discovered that when the company processes Perrier, it uses the same process as Coca-Cola.

    The court added, “The term ‘carbonate’ means ‘to combine or infuse with carbon dioxide.” Furthermore, a specific amount of filtered carbonic gas is used to produce Perrier in a plant setting. On the other hand, The United States Food and Drug Administration stated that Perrier isn’t naturally carbonated.

    ALSO READ: Expert Tips: Reducing PFAS in Your Drinking Water and Food

    This is because when Perrier is gotten from underground, the drink usually has no bubbles. “Bubbles are only found in drinks where carbon dioxide is added, and this usually happens at the bottling factory,” the United States Food and Drug Administration said.

    Perrier’s Response to the Court Rulings

    Since Montgomery filed the petition against Perrier, the company has not commented. But after the court rulings, one of Nestlé’s spokespersons stated that they weren’t involved in the lawsuits. “We are not involved in the lawsuit and have not provided any information related to it. All Perrier products are labeled in accordance with applicable laws and regulations,” the spokesperson said. 

    What’s Currently Going On With Perrier?

    According to French local government officials, Perrier has been contaminated since March 10, 2024. The drinks producer also agreed with this notion after fecal bacteria was found in the well at Vergèze.

    This conclusion was made after a strong testing protocol was implemented to verify what the government had said. Following this revelation, Nestlé temporarily suspended the well from production.

    Amidst the suspension, the Agency for Food, Environmental, and Occupational Health and Safety (ANSES) said that following their assessment, there is a certain lack of confidence in the quality of water Nestlé produces.

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    Sifon is a skilled content writer and a sucker for new tech devices. When stressed out from work, she loves to watch K dramas.

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