Bottled Water:
FDA
Safety and Consumer Protections Are Often Less Stringent Than Comparable EPA Protections
for Tap Water
GAO
June 22, 2009 -- Over the past decade, per capita consumption of bottled water
in the United States has more than doubled. With this increase have come several
concerns in recent years about the safety, quality, and environmental impacts
of bottled water.
The
Food and Drug Administration (FDA) regulates bottled water under the Federal
Food, Drug, and Cosmetic Act as a food and is responsible for ensuring that domestic
and imported bottled water is safe and truthfully labeled.
Among
other things, the Government Accounting Agency in June of 2009...
-
evaluated the extent to which FDA regulates and ensures the quality and safety
of bottled water;
- evaluated
the extent to which federal and state authorities regulate the accuracy of labels
and claims regarding the purity and source of bottled water; and
- identified
the environmental and other impacts of bottled water.
GAO
reviewed FDA data, reports, and requirements for bottled water; conducted a state
survey of all 50 states and the District of Columbia; reviewed bottled water labels;
and interviewed FDA officials and key experts.
FDA's
bottled water standard of quality regulations generally mirror the Environmental
Protection Agency's (EPA) national primary drinking water regulations, as
required by the Federal Food, Drug, and Cosmetic Act, although the case of DEHP
(an organic compound used in the manufacture of polyvinyl chloride plastics) is
a notable exception.
Specifically,
FDA deferred action on DEHP in a final rule published in 1996 and has yet to either
adopt a standard or publish a reason for not doing so.
GAO
also found that FDA's regulation of bottled water, particularly when compared
with EPA's regulation of tap water, reveal key differences in the agencies' statutory
authorities.
Of
particular note, FDA does not have the specific statutory authority to require
bottlers to use certified laboratories for water quality tests or to report test
results, even if violations of the standards are found.
Among
GAO's other findings, the state requirements to safeguard bottled water often
exceed FDA's, but still are often less comprehensive than state requirements to
safeguard tap water.
FDA
and state bottled water labeling requirements are similar to labeling requirements
for other foods, but the information provided to consumers is less than what EPA
requires of public water systems under the Safe Drinking Water Act.
Like
other foods, bottled water labels must list ingredients and nutritional information
and are subject to the same prohibitions against misbranding.
In
2000, FDA concluded that it was feasible for the bottled water industry to provide
the same types of information to consumers that public water systems must provide.
The agency was not required to conduct rulemaking to require that manufacturers
provide such information to consumers, however, and it has not done so.
Nevertheless,
GAO's work suggests that consumers may benefit from such additional information.
For example, when GAO asked cognizant officials in a survey of the 50 states and
the District of Columbia, whether their consumers had misconceptions about bottled
water, many replied that consumers often believe that bottled water is safer or
healthier than tap water.
GAO
found that information comparable to what public water systems are required to
provide to consumers of tap water was available for only a small percentage
of the 83 bottled water labels it reviewed, companies it contacted, or company
Web sites it reviewed.
Among
the environmental impacts of bottled water are the effects on U.S. municipal landfill
capacity and U.S. energy demands. Regarding impacts on landfill capacity, GAO
found that about three-quarters of the water bottles produced in the United States
in 2006 were discarded and not recycled, on the basis of figures compiled by an
industry trade association and an environmental nonprofit organization.
Discarded
water bottles, however, represented less than 1 percent of total municipal waste
that EPA reported entered U.S. landfills in 2006.
Regarding
the impact on U.S. energy demands, a recent peer-reviewed article found that the
production and consumption of bottled water comprises a small share of total U.S.
energy demand but is much more energy-intensive than the production of public
drinking water.
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