Bottlers: Beware of bromate warning labels

Mandated labels on bottled water would hinder sales.

R.J. DeLuke, Managing Editor

Some water bottlers in California are dealing with a bromate issue that could hurt sales and result in fines if the issue is pressed and the contaminate is found in low levels.

The state law requires "clear and reasonable" warnings on consumer products by May 31 of this year if there are unsafe levels of bromate.

Violations are enforceable by the state or local district attorneys, as well as anyone acting in the public interest, according to the Lisle, IL-based Water Quality Association (WQA).

But the problem is: what levels are acceptable?

The law could mandate warning labels for miniscule levels of bromate that would read ""WARNING: This product contains a chemical known to the state of California to cause cancer."

Not exactly an inducement to buying the water.

Meanwhile, state and federal guidelines are not in harmony and are unclear, according to the WQA and the International Bottled Water Association (IBWA).

Many bottlers unaffected

Last year, the Office of Environmental Hazard Assessment (ODEHHA) of the California Environmental Protection Agency added bromate to proposition 65 of the California State Drinking Water and Toxic Enforcement Act of 1986, which lists chemicals considered to cause cancer or reproductive toxicity.

Bromate is formed when ozone is added to drinking water that contains bromide.

Purified water usually is treated with reverse osmosis, distillation or deionization and that removes bromide. So distributors of purified water are not likely to have a bromate problem.

But bottlers of spring water could be fined $2,500 per day, per violation, and an injunction could be issued to prevent more violations, the law states.

"All products, including bottled water products, sold in the state of California must comply with the law," said Stephen Kay, IBWA vice president of communications.

Feds eye 10 ppb limit

The US Food and Drug Administration (FDA) mandated a 10 parts per billion (ppb) limit for bromate in bottled water effective last year.

A 10 ppb limit was established by the US Environmental Protection Agency (EPA) as the feasible maximum contaminant level (MCL).

But the state's Prop 65 requires consumers be warned of any amount above a "no significant risk" level and that level, said WQA, can be lower than the federal MCL.

So, said WQA, anyone in California could bring lawsuit against any bottler if its product exceeds what could be defended as the "no significant risk" level, which was not put in Prop 65.

Bottlers of spring and mineral water that is ozonated could become victims of the state's "bounty hunter" provision allowing individuals to sue.

State mandate confuses

Kay said the Prop 65 level for bromate "has not been set and, therefore, I am unable to speculate or quantify how many bottlers/brands may or may not be impacted."

"Keep in mind, this is a fact-specific, brand-by-brand matter based on many factors, including the level of bromide, if any, in the source water, pH level, and/or processing methods used," he added.

Joe Harrison, WQA technical director, said few in his association will be affected most of the WQA membership deals in purified water, which does not have bromide.

Harrison said Prop 65 is unreasonable at times, because it does not spell out specific "safe harbor" levels and some contaminants are not necessarily unsafe at very low levels.

"It is difficult to anticipate the outcome resulting from the Prop 65 listing. I cannot assume or project what the Prop 65 bromate level will be, the number of bottlers that may or may not be affected, and whether or not bottlers will utilize warning labels," said Kay.

He said IBWA has been providing information and focusing member efforts on how to best achieve the FDA bromate standard of 10 ppb and encourages OEHHA to harmonize state standards with the 10 ppb bromate standard.

"Bottlers should examine the particulars of their brand, including source water chemistry and processing methods and technologies and apply these findings as warranted," said Kay.