Hong Kong's Consumer Council has apologized to Chinese bottled-water giant Nongfu Spring after giving its product four-and-a-half out of five stars in a report comparing 50 samples of bottled water for its consumer magazine Choice.
The Council issued an apology on its website on July 18, just three days after publishing the report that listed the company's bottled water as having a bromate level that is the maximum allowed for bottled spring water by the European Union, prompting media reports that the water could cause health issues if consumed.
The climbdown is unprecedented for the council, which has gained a reputation for rigorous and transparent safety testing without fear or favor during the five decades it has been in operation, and comes amid fears that Hong Kong is losing its status as a separate jurisdiction from the rest of China.
Chinese consumers have previously flocked to Hong Kong to buy food products following safety scandals at home because products on sale there are seen as more trustworthy.
Health authorities around the world warn that consuming large amounts of bromate can cause nausea, diarrhea, vomiting and abdominal pain, with possible negative impact on the kidneys and nervous system in severe cases. The substance is classified in the European Union as a possible human carcinogen.
The council only detected bromates in two samples out of the 50 it tested, both at 3 micrograms per liter, from bottled water sold by Nongfu Spring and another mainland Chinese company, Baisuishan.
The council's initial report highlighted the fact that both samples were at the top end of the permitted range for bromates, as set by the European Union, for bottled spring water.
‘Lawyer’s letter’
However, a day after the Council published the report, Nongfu Spring fired off a "lawyer's letter" via its social media account demanding an apology and calling the report "unprofessional."
Baisuishan's parent company Kingtian (Shenzhen) Food and Beverage quickly followed suit with a statement on its official Weibo account complaining that media reports had "misinterpreted the test results, misled consumers, and seriously harmed the company's legitimate rights and interests."
Nongfu Spring asserted that there are only two levels of safety for bottled water according to standards, “safe” and “not safe.” They contended that their products fall into the "safe" category, and any suggestion that their water was near the safety limit or that it could cause harm was misleading.
The company accused the council of misleading the public by focusing on the substance levels instead of simply saying that the water was safe for consumption.
Representatives of Nongfu Spring then met with Consumer Council officials, according to an apology and "clarification" notice published on the council website on July 18.
The council then reclassified the Nongfu Spring product as "natural drinking water," which brought the bromate level under recommended limits, and award the Nongfu product five stars, because it complies with both World Health Organization and mainland China's own standards for drinking water, the statement said.
The category "natural drinking water" has never been used by the council before.
It said that while the level of bromates allowed for spring water is set at 3 micrograms per liter, the limit set by both the EU and the World Health Organization for drinking water is 10 micrograms. The reclassification had allowed it to score Nongfu Spring's product more highly, it said.
"The council apologizes for the misunderstanding caused by the discrepancy in sample classification in this test," it said.
RFA Cantonese contacted the Consumer Council directly to ask why it had given special treatment to Nongfu Spring, whether it had apologized under pressure, and whether it would continue to bow to pressure from companies in future.
But the council hadn't replied to these questions by the time of publication on July 18.
Credibility questioned
Commentators said the move is a major blow to the credibility of the council, which has been trusted by Hong Kong consumers to provide unbiased information and test results on food products, water and electrical goods for decades.
Exiled Hong Kong businessman Herbert Chow said Hong Kong used to pride itself on its careful regulation of safety standards.
"If companies like Nongfu Spring can now sue them at every turn, just to defend their own interests ... that indicates an obvious change in Hong Kong's business culture in favor of the might is right approach," Chow said.
"The Consumer Council is an independent monitoring agency that regulates food, drinking water, home appliances, and so on," he said. "Why should it have to make concessions to a company?"
But former Council Chairman Anthony Cheung told RFA Cantonese that the council was likely acting to safeguard its credibility.
"If it really was a matter of incorrect classification, then it's reasonable to publicly admit that, and to explain the overall testing process and criteria," Cheung said in a written reply on Thursday.
"The fact that manufacturers are so nervous about this test report from the Consumer Council shows just how strong its credibility is across the whole mainland Chinese market," he said.
The company said on Thursday that it has received the clarification by the council, and the test results fully demonstrated that Nongfu Spring products comply with relevant standards and can be safely consumed, the English-language China Daily reported.
Last year, Nongfu Spring’s sales rose 28% to 42.67 billion yuan (US$5.9 billion), boosting net profits by 42.2% year-on-year, according to the company's annual report.
Translated by Luisetta Mudie. Edited by Malcolm Foster.