Bottled water scandal: ‘The whole interministerial system underestimated the depth of this affair’, says Elisabeth Borne’s former chief of staff.
Appearing before the Senate investigatory commission, Aurélien Rousseau spoke about his knowledge of the Nestlé Waters scandal and the involvement of the public authorities. The former chief of staff to Élisabeth Borne admitted that he had taken the decision to authorise filtration below 0.8 microns, but denied any conflict of interest.
This was the last hearing before the report of the committee of inquiry into the bottled water scandal is presented on 19 May. It was a particularly important hearing because it involved Aurélien Rousseau, Élisabeth Borne’s head of cabinet from May 2022 to July 2023 and Minister of Health from July to December 2023, who is now a member of parliament. This is an opportunity for the investigatory commission to look again at the involvement of the public authorities in the bottled water scandal.
As a reminder, the Nestlé Waters group has been implicated in an investigation by Le Monde and Radio France, accused of illegally treating bottled water with carbon and UV filters. In August 2021, the group itself revealed these practices to the government. It is also accused of having lobbied several ministries and the President of the Republic to change the rules on the filtration of mineral water. The production of mineral water is subject to specific regulations. Since 2001, Anses has allowed mineral water to be filtered using a special 0.8 micron filter.
Below this threshold, filtration can be compared to disinfection. In its factories in the Gard (Perrier) and the Vosges (Contrex, Vittel, Hépar), Nestlé uses smaller 0.2 micron filters. In February 2023, the government finally authorised the Swiss group to filter below the 0.8 micron threshold.
“The memo I have in front of me also says that there is no health problem.”
After a brief explanation of the workings of the Prime Minister’s office, Aurélien Rousseau confided that he had become aware of the problem on 13 October 2022 in a memo from Matignon’s competition and health advisers. On the basis of this memo, which reflected the positions of the Ministry of Health and the Ministry of Industry, Aurélien Rousseau authorised manufacturers to filter below 0.8 microns in February 2023.
The deputy explains this choice by the absence of health risks. The note says to me ‘Nestlé is asking for 0.2′ and the Ministry of Health thinks that 0.2 isn’t acceptable because otherwise it’s considered disinfection. The note I have in front of me also says that there are no health safety issues,’ says Aurélien Rousseau. Although the document authorises filtration to below 0.8 microns, Aurélien Rousseau instructs the regional health authorities and prefects to carry out the necessary checks to ensure that filtration does not affect the microbial content of the water.
Ambiguous authorisation
For Aurélien Rousseau, the Matignon decision authorised producers to go below 0.8, but not to filter at 0.2. Not to ban is not to authorise,” defends Aurélien Rousseau. Hervé Gillé, a socialist senator from Gironde, does not share this view. As long as you don’t set a minimum value, you allow everyone to go below 0.8, but you don’t prohibit anyone from going above a minimum value,’ he says indignantly.
“I have never discussed the subject we are discussing today with the Prime Minister, nor with the Secretary General of the Elysée Palace.”
“I never had any contact with Nestlé Waters in the course of my duties”, says Aurélien Rousseau, who insists that there was no conflict of interest, despite Nestlé Waters’ extensive lobbying of several ministries. The former chief of staff also insists that he did not discuss the matter with Elisabeth Borne. “I could have talked to the Prime Minister about it, but more for information than as a request for arbitration, the matter is not a disagreement between ministries,” he assures us. “I have never discussed the subject we are discussing today with the Prime Minister, nor with the Secretary General of the Elysée Palace,” Aurélien Rousseau continued.
Also aware of the revelations in Le Monde and Radio France, Alexis Kohler refused to appear before the Senate investigatory commission, arguing in particular that the separation of powers should be respected. “I don’t believe that there can be a parallel decision-making or validation circuit in this field,” concluded Aurélien Rousseau when asked by the investigatory commission’s rapporteur about Alexis Kohler’s refusal to appear before the senators.
After this final hearing, the report will be presented to the senators in committee on 15 May before being published on 19 May.
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