The Nestlé Group is a common topic on social media. The group is repeatedly criticized by users.

Whether calls for boycotts, reports about water or animal testing: Nestlé receives criticism on many topics. Accordingly, there are many sharepics, postings and headlines that are published about the group.

One of the more recent headlines talks about a court in Michigan revoking Nestlé's water rights. The company is not a public water supplier. Accordingly, the construction of a pumping station was prevented.

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Let's start a quick fact check at this point: What happened in Michigan? In which case did Nestlé lose?

Nestle and Osceola

Osceola is a county in the state of Michigan. As early as 2017, Nestlé wanted to build a pumping station there to pump more water. The residents of the county didn't want that. It was argued that the facility would violate the Spatial Planning Act.

Nestlé saw things differently and filed a lawsuit. This is where it gets exciting, because Nestlé was proven right in the first instance and was viewed as a “public service provider”. But that is exactly what the appeal judgment is about.

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Let's come to this verdict: The verdict actually took place on December 3, 2019. So the process really took place. The appeals court ruled in favor of Osceola. Even Nestlé comments on this on its own website ( compare ):

We simply appealed a 1-1 decision by the Osceola Zoning Board that denied our request for a permit to build a 12-foot by 22-foot building, designed to house a booster pump in Osceola Township. An independent Circuit Court ruled that our request met all of the Township's zoning ordinance provisions and ordered the Township to issue the zoning permit. The Township, however, chose to file an appeal of the Circuit Court ruling. On December 3, 2019, the Michigan Court of Appeals ruled that Nestlé Waters should not be issued a permit to build this building. This ruling reversed the decision of the Circuit Court.

Nestlé also confirms that the company initially received justice from a district court and that all provisions were met, but then lost in the appeal court and the district court's decision was overturned.

Michigan's second highest court has ruled that the company's commercial water bottling operation is "not an essential public service." The appeals court finds the district court's conclusion in the first judgment that commercial water bottling is an "essential public service" to be clearly incorrect. Since there is regular tap water in this area, bottled water is not essential.

Nestlé now wants to examine the possible next steps in the legal proceedings.

Effects?

In fact, this ruling may have further implications as other municipalities may now reconsider their permits to Nestlé. Michigan lawyer Jim Olson, who was not involved in this case but has previously taken legal action against the company, says that this ruling can play a significant role in the larger question of “Who owns the water?” and Nestlé also plays a role in the state could lose permits.

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This might also be of interest:

Boycott Krombacher because of its collaboration with Nestlé? A fact check!

Article image: Shutterstock / By Ken Wolter


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