"Tap water is the most carefully controlled food.“ 🙅‍♂️

I still hear and read this sentence far too often!

This statement is misleading, which is why advertising with it is illegal. This was ruled by the Regional Court of Hanover in judgment 18 O 178/19 on 7 December 2020.

Why?

The court considers the statement to be an unfair advertising claim. Water suppliers are presenting their product in an overly positive light while hiding important disadvantages. The statement suggests a level of safety that is no longer legally guaranteed at the household's tap.

From the point of connection to the house onwards, responsibility lies with the owner rather than the supplier. The quality of drinking water can be affected by factors such as old pipes, stagnant water, aerators and water filters. According to the court, tap water is legally considered a foodstuff at the point of supply, and is therefore no longer checked.

Even Stiftung Warentest cannot prove this statement. While its tests do check compliance with the Drinking Water Ordinance, they do not establish whether tap water is monitored more strictly than other foods.

Many controls = high quality? Not necessarily.

The emphasis on the intensity of controls for tap water is therefore a necessity, not a quality feature. After all, tap water usually comes from groundwater or surface water that needs to be treated. It's no coincidence that up to 50 chemicals are permitted to make tap water drinkable. Natural mineral water, on the other hand, comes from protected underground sources and is of pristine purity. This is why the prescribed controls for the two types of water differ so much.

Different regulations apply to different products.

For example, the Drinking Water Ordinance applies to tap water. This defines the frequency and type of inspections. However, quality is only guaranteed up to the house connection. On the way from the house connection to the tap, numerous factors such as pipe quality, water temperature, stagnant water in the pipe, water particle filters and the nozzle on the tap (aerator) can affect the water quality.

The Mineral and Table Water Ordinance (MTVO) applies to mineral water. Well operators must have an HACCP quality system in place, carry out daily microbiological checks and maintain water quality levels below the legal limits. Only then is the water officially recognized as mineral water. There are even wells that are certified as organic. Even stricter rules apply here (you can read more about this in this article).

Not all limit values are the same.

Different types of water fulfil different product-specific limit values resulting from their respective origins. Tap water, for instance, may require treatment to remove calcium in order to protect pipes and household appliances. However, such interventions are prohibited by law for mineral water. Only sulphur, iron and carbon dioxide can be removed.

So what does this mean for consumers?

Both tap water and mineral water are safe to drink. However, they are fundamentally different. Therefore, advertising should not suggest that tap water is the 'best-controlled food'. It should not be advertised as healthy or as containing minerals. This has been confirmed by several court rulings, most recently by the Landshut Regional Court (case no. 1 HK O 2132/20). Accordingly, fair communication is required between water suppliers and mineral springs.

My conclusion:

Not all water is the same. Those who recognise the differences make more conscious decisions. That's precisely what I stand for as a Water Sommelier.

With this in mind: Drink water, #stayhydrated

P.S. You might also be interested in this article: Warning: Why tap water can be dangerous for baby!

Best regards

Timo Bausch

Certified Water Sommelier

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About Timo Bausch

My fascination with mineral waters began in 2016 during my training as a Water Sommelier. Since then, I have been exploring the characteristics and diversity of water. In addition to pairing water with food, wine, coffee and other beverages, I offer the creation of water menus for restaurants and hotels. Furthermore, it is also important to me to draw attention to the importance of drinking water.