Customer Service Column - JANUARY 19, 2003

ACQUA AZZURRA - IS IT AN ITALIAN PRODUCT?

To Acquatess Ltd. N/S in Mdina Road Qormi:-
Recently I purchased 2 6-Packs of Acqua Azzurra mineral water bottles under the impression that this was an Italian product. However when I arrived home I realised that after all it is a Maltese product.

Indeed all the wording on the bottles is in Italian, there is the Italian flag and the words suggest that your Company is bottling this water under licence from an Italian Company. But some questions and doubts must be raised.

Where is the water coming from? Is it Italian source being bottled in Malta or is it Maltese water bottled in Malta giving people the impression that it is a foreign product? As a consumer I have a right to know what the word "pura" in "acqua pura da tavola" refers to. In fact I have a right to know if the water is coming from a Maltese source or not, since my intention was that of buying a foreign product and not a Maltese product. Certainly the consumer has a right to know the source of the water. Certainly there must be some distinguishing mark clearly showing that such is a Maltese product or a foreign product.

Moreover I have verified that all other bottles of water currently available from other local companies carry the words "BOTTLED WITH THE APPROVAL OF THE PUBLIC HEALTH DEPARTMENT". Why is there no such statement in Acqua Azzurra bottles?

Another matter which is quite strange is the fact that all the wording is in Italian. I was under the impression that, currently, wording must be in English/Maltese since these are the official languages of the islands and Italian is considered a foreign language that is not locally understood by everybody.

I consider this as very unfair. Actually, deceiving consumers is not the best way to market a product. I would appreciate a reply from Acquatess on the issue clarifying their position. (Goeffrey Mifsud)

On October 18, 2002 the above letter was sent to Acquatess Ltd. and copied in to me. On November 26 I asked Acquatess Ltd. for their comments to no avail. On December 3 we sent a copy to the Department of Health and asked for their comments to no avail. On December 17 we sent Acquatess Ltd. a reminder asking for their comments still to no avail.

Sometimes I feel like a lone crusader but I have no intention of giving up.

At this point I hereby publicly ask Acquatess Ltd. and the Health Department for their comments for inclusion in this column.

I stress that, in view of the nature of this case and the issues involved, in the absence of any response from the Health Department and Acquatess Ltd. I will keep on asking them every Sunday until we get satisfactory explanations form both parties.

Customer Service Column - FEBRUARY 09, 2003

ACQUA AZZURRA - IS IT AN ITALIAN PRODUCT?

We started dealing with this issue in October last year. The company involved is Aquatess Ltd. of Mdina Road Qormi and we have been trying to obtain their comments since last October to no avail.

We had received a letter from Goeffrey Mifsud who wrote about having bought two 6-Packs of Acqua Azzurra mineral water bottles under the impression that it was an Italian product. Indeed all the wording on the bottles is in Italian, there is the Italian flag, and the words suggest that Aquatess Ltd. are bottling water under licence from an Italian Company. However when he arrived home he realised that, after all, it is a Maltese product.

He asked Aquatess:- Where is the water coming from? Is it from an Italian source being bottled in Malta or is it Maltese water bottled in Malta giving people the impression that it is a foreign product?

Another point raised by Mr. Mifsud is that all other bottles of water currently available from other local companies carry the words "BOTTLED WITH THE APPROVAL OF THE PUBLIC HEALTH DEPARTMENT". Mr. Mifsud asked, "Why is there no such statement in Acqua Azzurra bottles?"

The point is that Acquatess have not replied to my requests for their comments on the issue. Another point is that it is possible for consumers to be misled into thinking that they are buying an Italian product.

However, since I featured the case on January 19, Acquatess have not sent me their comments. All I received was a telephone call from their consultant. I explained that we would appreciate their side of the case in writing. I cannot write what is said in a telephone conversation.

On October 18, 2002 we sent Acquatess Ltd. a copy of Mr. Mifsud’s letter which he had already sent them and copied in to myself. On November 26 we asked them for their comments to no avail. On December 3 we sent a copy to the Department of Health and asked for their comments also to no avail and on December 17 we sent Acquatess Ltd. a reminder asking for their comments still to no avail.

When we are faced with such an attitude we do not give up. Therefore yet again we ask Aquatess Ltd. and the Health Department for their comments for inclusion in this column.

Customer Service Column - MARCH 23, 2003

ACQUA AZZURRA IS NOT AN ITALIAN PRODUCT

At last we have a reply from Aquatess Ltd.:

Re your article "Acqua Azzurra - an Italian Product?"

The art of beating a drum incessantly, though not necessarily musical is always acknowledged and the worst part of it all is that the noise becomes tiresome to the most enthusiastic of listeners. In this vein I decided to answer your queries and bring to your attention the legal requirements of labeling as set out under Maltese Legislation, which I believe you should be more aware of considering this is your self styled specialisation.

I thus advise your good self to have a good look at legal notice 5 of 2002 which came into force on the 1st February 2002 wherein one finds most numerous possible number of clauses the wording that the law now requires to be printed on labels, presentation and advertising of foodstuffs is trilingual - Maltese, English, and Italian. This is in conformity with EU Regulations regarding the use of language within the EU under directive 2000/13/EC.

Unfortunately I have to quote you a very well known Italian maxim, "Non e l'abito che fa il-Monaco", which you probably know and prefer as "you can't judge a book by its cover". We have been living in a multilingual situation for the past decades and its incessant increase necessitates the ever increasing of diversity of labeling and promotional languages.

It was purely this spirit which promoted Aquatess to promote its product in this particular style. It is not some cheap theatrical gimmick as you seem to imply in your column and that your attitude is one intended to apply relative pressure to enable you to reach out to your consumers but the question of language is one where one should thread with caution.

Labeling language does not denote origin, God forbid, else half the products we all consume are outright lies and fakes. Labeling is intended to be informative and in a language the consumer may understand. The Malta Standards Authority has confirmed that the aspects of this label conform to regulatory requirements, as per correspondence enclosed. In reply to your several questions about the contents, let me assure your good selves and your readers that the product is analysed and ascertained as to its regulatory purity and adequacy for consumption by humans. It is Maltese in its origin as can be ascertained from the same label that it is bottled at Qormi in our factory and we are proud to produce such a high level quality product that we do proclaim the matter clearly to your readers, our customers.

The above is being referred to you in terms of the right of reply under the Press Act and we hope that this is to your satisfaction and same will be published as your readers, our customers have a right to put their minds at rest. (Joe Sullivan)

First of all I object to Mr. Sullivan's insinuation that I "seem to imply" that their method of promoting Acqua Azzurra is "some cheap theatrical gimmick". I never implied this. However it could very well be a Freudian slip on his part and, on reflection, one may indeed ask "Is it some cheap theatrical gimmick?" The same applies to Joe Sullivan's choice of the Italian maxim "Non e l'abito che fa il-Monaco" and the English maxim "You can't judge a book by its cover". This is yet another Freudian slip on his part. Indeed these are tantamount to an admission that consumers can't judge his product by its label because it could very well be, if I may use Mr. Sullivan's own words, "some cheap theatrical gimmick".

In any case I thank Mr. Sullivan for his reply even though I had to "beat a drum incessantly for five months". Giving up goes against my grain. However without beating about the bush, pardon the pun, I must inform Mr. Sullivan that he has got the wrong end of the stick. He missed the salient point namely that, irrespective of whether the use of Italian is in conformity with the law or not, the referred to article "Acqua Azzurra - an Italian Product?" is about a case, involving "Misleading" information on packaging. The information on the label is targeted at those Maltese consumers who consider an Italian product superior to a Maltese product and would obviously prefer an Italian product.

I thank Mr. Sullivan for bringing the legal requirements of labeling to my attention because he believes I should be more aware of them considering this is my self styled specialisation. In the same spirit I must reciprocate and bring to Mr. Sullivan's attention a very important factor that is NOT a legal requirement of labeling, indeed it is prohibited and a definite "No No". That is MISLEADING!! Indeed irrespective of how many languages are allowed, misleading is most definitely NOT allowed.

Here we have a Maltese product bearing an Italian name "Acqua Azzurra". All the text in the label on the bottle is in Italian and the colours used are the traditional Italian "Green White and Red". Indeed, as can be seen(above)what we actually have here is the Italian flag. One may even ask whether it is in conformity with EU Regulations for a Maltese company to display the Italian flag on a Maltese product. Indeed this is another issue that should be looked into. Perhaps the Italian Embassy may wish to look into the matter.

In view of the above it may be perceived by consumers that such a product is of Italian origin. Consequently, Mr. Goeffrey Mifsud was misled into believing that "Acqua Azzurra" is an Italian product and bought it purely for that reason. In the opening paragraph of his letter dated October 18, 2002 Goeffrey Mifsud wrote:

"Recently I purchased two 6-packs of Acqua Azzurra mineral water bottles under the impression that this was an Italian product …"

In no uncertain terms "Misleading Consumers" is wrong and illegal. Another fact worth bearing in mind is that there are many Maltese consumers who do not understand Italian. At this stage we know for sure that Goeffrey Mifsud was misled as explained above. Therefore readers who, like Goeffrey Mifsud, were misled into thinking that Acqua Azzurra is an Italian product are invited to write to me with a view to establishing and quantifying the extent to which Acqua Azzurra's packaging and description is misleading.

Misleading has definitely occurred but, to add insult to injury, on the contrary the information given is confusing. For example, regarding the product, in the above letter Mr. Sullivan wrote "It is Maltese in its origin as can be ascertained from the same label that it is bottled at Qormi". However, as can be seen, there is nothing on the label that clearly states that it is Maltese in its origin. Indeed on the label it says, (in Italian) that it is bottled by Aquatess Ltd. for Acqua Azzurra. It also states that the water is bottled in Mdina Road, Qormi, however it does not state on the label that its origin is Maltese. Consequently the absence of a statement on the label explaining that its origin is Maltese, combined with the inclusion of the Italian flag, and the use of Italian, can mislead potential buyers into assuming that its origin is Italy. A proper description on a label attached to a product should not generate one single question. In this case we have a label and a four hundred and sixty seven word letter and yet the following questions remain unanswered.

In his letter (featured above) Mr. Sullivan wrote that "Aquatess" is promoting its product. What about Acqua Azzurra? Is it another company? Whose product is it? Is it an "Aquatess" product or an "Acqua Azzurra" product? Are Acqua Azzurra and Aquatess two separate companies or are they partners? On reading the information given in Italian, could it be interpreted by a consumer that Acqua Azzurra is an Italian company which supplies the water to Aquatess Ltd., a Maltese company? Come on Mr. Sullivan! What do you take Maltese and Gozitan consumers for?

I have no doubt consumers would appreciate clear unequivocal answers to the above questions. Therefore, in line with the consumers'right to be informed, I ask Mr. Sullivan to give us straightforward answers to the above questions, particularly while bearing in mind his insistence that his customers have a right to put their minds at rest. Indeed this is one point I agree with Mr. Sullivan on.

Thus I look forward to hearing from Mr. Sullivan. In the absence of answers I will have no other option but to resume the beating of the drum. At least, for what it's worth, at this point we know something that we did not know before, when all we had to go on was the label. We now know that the water is Maltese in its origin but I must again stress that, as can be seen, this is not stated in the label. The label only states that it is bottled in Qormi without stating its origin. This is MISLEADING!

I do not know how many people are supposed to be misled by a misleading product description for the relevant competent authorities to charge and deal with the respective offenders accordingly. So far we have Goeffrey Mifsud who was misled. Therefore, if you think that the product Acqua Azzurra with its Italian name and label is misleading, please write to me and copy in Aquatess Ltd., Tal-Handaq Road, Qormi, QRM 08, or vice versa. We can then take the matter up with the relevant competent Authority. In any case we must not let Aquatess Ltd. and/or Acqua Azzurra blatantly insult our intelligence. Suppliers and Traders who do this do not deserve our custom. What they deserve is action taken against them by the relevant competent authorities.

Customer Service Column - APRIL 06, 2003

ACQUA AZZURRA IS NOT AN ITALIAN PRODUCT

I received a lot of feedback in response to the article under the above caption carried on March 23. However, if we want Aquatess Ltd. to stop misleading consumers into thinking that Acqua Azzurra is an Italian product, we must have written feedback from consumers to be featured in our column. Here follows another letter from another consumer who, like Geoffrey Mifsud, was misled into thinking that Acqua Azzurra is an Italian product:

Further to your article on Sunday March 23, I am another consumer who was led to believe that Acqua Azzurra was an Italian product. In fact, when I saw it in the shop, my attention was at first attracted by the colours of the Italian flag on the label and the printed text in Italian. However, since I did not have time to read the label at the shop, I bought a pack on the assumption that it was Italian water.

When I got home and read the label I realised that I was taken for a ride. I took the pack back to the shop and, on inquiring, the shop assistant confirmed what I had suspected. It was a Maltese product and not Italian. Fortunately, as I am a good customer, I was able to return the water and get another pack, which is to my liking.

I would like to stress to Aquatess Ltd. that I have never bought a product produced in a foreign country bearing a label wherein the printed text is in a language other than that used in the country where the goods are being produced and sold. First and foremost the information on the label is printed in the language of the respective country while another foreign language or other languages may be added. So, in my opinion, Aquatess are doing this to mix people up and make them think that the product is foreign when in actual fact it is a local product.

"Imbottigliata da Aquatess Ltd. per Acqua Azzurra" makes one think that Aquatess Ltd. import the water from Italy and bottle it in Malta for sale locally. "One cannot judge a book by its colour" and in Aquatess Ltd.'s case it is "some cheap theatrical gimmick" as one only has to taste the water to realise that one is being taken for a ride.

So, please Mr. Muscat Inglott, do take up the matter with the relevant competent authority as I believe that, in this case, the consumer is being abused. (Rose Agius)

I agree with Rose Agius. Two particular excerpts from the above letter really drive the point home.

"When I got home and read the label I realised that I was taken for a ride". This confirms, in no uncertain terms, that Rose Agius was misled.

I would like to stress to Aquatess Ltd. that I have never bought a product produced in a foreign country bearing a label wherein the printed text is in a language other than that used in the country where the goods are being produced and sold.

The second point highlights the importance of using the right language for the right reasons, namely to inform consumers. However what we have here is the exploitation (rather than use) of the wrong language to mislead (rather than inform) consumers.

If, like Goeffrey Mifsud and Rose Agius, you were misled into thinking or believing that Acqua Azzurra is an Italian product, please write to me and copy in Aquatess Ltd., Tal-Handaq Road, Qormi, QRM 08, or vice versa. As I already stated in previous columns,"I do not know how many people are supposed to be misled by a misleading product description for the relevant competent authorities to charge and deal with the respective offenders accordingly".

At this point I shall resume, as Mr. Joe Sullivan put it, "beating a drum". On March 23 I made it clear to Messrs. Sullivan of Aquatess Ltd. that a proper description on a label attached to a product should not generate one single question. In this case we have a label and a four hundred and sixty seven word letter and yet the following questions remain unanswered.

Since, as explained on the label, this product is (Imbottigliata da Aquatess Ltd. per Acqua Azzurra) “bottled by Aquatess Ltd. for Acqua Azzurra”, who is (or are) Acqua Azzurra? Is it another company? Whose product is it? Is it an Aquatess product or an Acqua Azzurra product? Are Acqua Azzurra and Aquatess two separate companies or are they partners? On reading the information given in Italian, could it be interpreted by a consumer that Acqua Azzurra is an Italian company which supplies the water to Aquatess Ltd., a Maltese company?

In line with the consumers'right to be informed, I ask Mr. Sullivan to give us straightforward answers to the above straightforward questions, particularly while bearing in mind his insistence that his customers have a right to put their minds at rest.

Customer Service Column - APRIL 13, 2003

YET ANOTHER ACQUA AZZURRA MISLED CONSUMER

This is to inform you that I too was misled by Acqua Azzurra and had purchased it under the impression that it originated from Italian waters.

Having found out the real source of this water, I will refrain from buying the product. However I would like to point out that there are other similar Maltese manufacturers who use the same tactic to promote their product. Any eventual product which I encounter, I will bring to your attention.

Thank you for bringing the matter to the attention of the public. (A Schembri)

If, like Goeffrey Mifsud, Rose Agius, and A. Schembri you were misled into thinking or believing that Acqua Azzurra is an Italian product, please write to me and copy in Aquatess Ltd., Tal-Handaq Road, Qormi, QRM 08, or vice versa. As I already stated in previous columns, "I do not know how many people are supposed to be misled by a misleading product description for the relevant competent authorities to charge and deal with the respective offenders accordingly".

Yet again I ask Messrs Sullivan since, as explained on the label, this product is (Imbottigliata da Aquatess Ltd. per Acqua Azzurra) "bottled by Aquatess Ltd. for Acqua Azzurra":-

Who is (or are) Acqua Azzurra?

Is it another company?

Whose product is it?

Is it an Aquatess product or an Acqua Azzurra product?

Are Acqua Azzurra and Aquatess two separate companies or are they partners?

On reading the information given in Italian, could it be interpreted by a consumer that Acqua Azzurra is an Italian company which supplies the water to Aquatess Ltd., a Maltese company?

In line with the consumers’ right to be informed, I ask Mr. Sullivan to give us straightforward answers to the above straightforward questions, particularly while bearing in mind his insistence that his customers have a right to put their minds at rest.

Customer Service Column - APRIL 27, 2003

ACQUA AZZURRA IS NOT AN ITALIAN PRODUCT

We have another letter from yet another consumer "misled" by the misleading "Acqua Azzurra" label on the bottle label:

I have followed your article and subsequent correspondence regarding Acqua Azzurra and its highly misleading label.

Having spent forty two years living in London, where for the last eighteen years I worked as a Public Relations Consultant working with the marketing directors of Blue Chip accounts, I would say that this product labelling would have contravened every legal marketing aspect in the U.K.

I first saw this product in a Supermatket shortly after retiring to Malta in October last year, and only became aware that it is not an Italian product when I read your article on March 23.

When you look at a product on a supermarket shelve, you have to rely on the label for information about the origin of the product (irrespective of where it is bottled). On looking at it:-

1. red, white, and green; the name Acqua Azzurra (as in Azzurri …Italians);
2. all details in Italian;
3. and the clincher, imbottigliata da Aquatess Ltd. per Acqua Azzurra;

I deduced it to be an Italian product, albeit bottled in Malta for the producers and, as I was looking for Maltese water, I put it back on the shelf.

Having worked with Marketing Directors for such companies as Barilla, Henkel, ICI, Slazenger, Scottish & Newcastle Breweries, Schwartz Spices and many more, I was involved in the launch of many products and produced copy for their labels.

I do not know what laws there are in Malta to scrutinise such labels and product descriptions, but I can assure Mr. Joe Sullivan director of Aquatess Ltd. that, if his product was marketed in the U.K., he would have fallen foul of the Trade Description Act, and would have been liable to considerable fines, because his label is grossly misleading.

Surely if he was not trying to delude customers into thinking that it is an Italian product, Mr. Sullivan would have put a red and white ribbon, and included a Maltese version of the Italian text.

Keep up the good work, Mr. Muscat Inglott. You are giving an excellent service, unlike Mr. Sullivan and his Acqua Azzurra. (Joe Aquilina-St. John)

In this case, the "misleading potential buyers into thinking that the product is Italian" worked. However, ironically, it worked against Aquatess because Mr. Aquilina-St. John wanted a Maltese, rather than Italian, product. Isn't it poetic justice?

I sent a copy of the above letter to Aquatess for their comments which, as I submit this column, I have not received. However the Malta Standards Authority sent me a copy of a letter they had sent to Aquatess Ltd.:

Reference is made to the sample label for Acqua Azzurra Table Water, submitted yesterday.

Please note that, since reference is being made to the suitability of the product for persons following a low-sodium diet, the sodium content (in mg/litre) should preferably be included in the product analysis.

All other aspects of the label conform to regulatory requirements. (Martin Seychell Director [Foodstuffs, Chemicals & Cosmetics] Malta Standards Authority)

I sent Mr. Seychell a photocopy of his letter (above) highlighting the last sentence and wrote, "I believe the above highlighted sentence is NOT CORRECT in view of the fact that the label is MISLEADING". Indeed the Consumer and Competition Division are looking into the misleading aspect of the label.

In the absence of any response from Mr. Seychell I called him and we had a very lively telephone conversation. Mr. Seychell told me something, which I'd rather not quote because I must have it in writing to feature it in our column. Therefore I ask Mr. Seychell a question which only requires a "Yes" or a "No" reply. "Is the above Acqua Azzurra label misleading?"

I look forward to receiving Mr. Seychell's reply.

In any case I am still receiving a lot of verbal, rather than written, feedback on the articles I have written so far on this issue. The crux of the matter is that, if we want Aquatess Ltd. to stop misleading consumers into thinking that Acqua Azzurra is an Italian product, we must have written feedback from consumers to be featured in our column.

Therefore if, like Goeffrey Mifsud, Rose Agius, and Joe Aquilina-St. John, you were misled into thinking or believing that Acqua Azzurra is an Italian product, please write to me and copy in Aquatess Ltd., Tal-Handaq Road, Qormi, QRM 08, or vice versa. As I already stated in previous columns, "I do not know how many people are supposed to be misled by a misleading product description for the relevant competent authorities to charge and deal with the respective offenders accordingly".

At this point in the continued absence of any answers from Acquatess Ltd. we will yet again ask the following unanswered questions:

Yet again I ask Messrs Sullivan since, as explained on the label, this product is (Imbottigliata da Aquatess Ltd. per Acqua Azzurra) "bottled by Aquatess Ltd. for Acqua Azzurra":-

Who is (or are) Acqua Azzurra?

Is it another company?

Whose product is it?

Is it an Aquatess product or an Acqua Azzurra product?

Are Acqua Azzurra and Aquatess two separate companies or are they partners?

On reading the information given in Italian, could it be interpreted by a consumer that Acqua Azzurra is an Italian company which supplies the water to Aquatess Ltd., a Maltese company?

In line with the consumers'right to be informed, I ask Mr. Sullivan to give us straightforward answers to the above straightforward questions, particularly while bearing in mind his insistence that his customers have a right to put their minds at rest.

Customer Service Column - MAY 11, 2003

ACQUA AZZURRA IS NOT AN ITALIAN PRODUCT - IS THE LABEL MISLEADING?

Reference is being made to correspondence copied to ourselves which you had received from Mr. Godfrey Camilleri and Mr. Joe Aquilina-St. John of Attard and Mellieha respectively.

In both cases there is nothing to reply as we are in conformity with the law, as has already been explained to you in our previous correspondence on the matter.

Should your readers think that the law should be changed, that is their prerogative and recourse should be made to their local M.P.'s as they are the constitutionally appropriate body to change the law.

I consider this subject closed and further correspondence on this issue will not be entered into.

Please note that no citizen is above the law. (Joe E. Sullivan, Aquatess Ltd.)

"No" this subject is not closed - far from it. If Mr. Sullivan wishes to bury his head in the sand, that is his problem. The "Acqua Azzurra" label is evidently misleading and that is against the law. However, Mr. Sullivan is right on one thing - "No citizen is above the law".

Here follow the Malta Standard Authority's comments on the issue so far:

Since the Consumer and Competition Division are looking into the matter, I will refrain from commenting on this particular product so as not to prejudice the outcome of their investigations. I wish to comment on some of the points raised in your articles to illustrate the Malta Standards Authority's policy in such cases.

The applicable provisions on the labelling of foodstuffs, including misleading claims, are contained in the Labelling, Presentation and Advertising of Foodstuffs Regulations (Legal Notice 5 of 2002). This Legal Notice implements the provisions of Directive 2000/13/EC of the European Parliament and of the Council on the labelling of foodstuffs, including specific provisions on misleading descriptions on foodstuffs. This is the legislation that must be applied in such cases, to the exclusion of all other provisions, in view of the prohibition in Article 18 of the Directive on restrictions in trade of products that comply with that Directive.

Regulation 4.1 of LN 5 of 2002 states that:

The labelling and methods used must not:
(a) be such as could mislead the purchaser to a material degree, particularly [inter alia]:
(i) as to the characteristics of the foodstuff and, in particular, as to its nature, identity, properties, composition, quantity, durability, origin or provenance, method of manufacture or production;…

The key question that must always be answered is whether the labelling and methods used mislead the purchaser as to the characteristics of the foodstuff. One must therefore ascertain that there is a clearly definable link between the geographical origin of the product and its quality or characteristics. While this is certainly true for many foodstuffs, such as wine, honey, olive oil, or agricultural products, it is certainly not the case for foodstuffs that are of purely industrial production. For example, a soft drink may be produced in any country, but the different batches would be indistinguishable as long as the same product specification was followed. According to European Community and World Trade Organisation rules, a declaration of the country of origin is not required in such cases, as it bears no relation to the characteristics of the foodstuff. Imposing a requirement for such a declaration would, in fact, be considered as an unjustifiable barrier to trade as it could easily be abused for protectionist purposes.

It is therefore clear that any imagery or symbols referring to a particular country are only to be considered relevant and misleading if they are abusively used on products where the geographical link applies or where that particular country enjoys a good reputation owing to its particular production practices or techniques. In all other cases, such symbols are merely marketing tools and consumers should not attach too much importance to them.

Maltese and European Community legislation distinguish between two types of water, which are regulated separately. Natural mineral water or spring water, that is water bottled directly at source without further treatment and which therefore has its geographical characteristics perfectly intact, is regulated by the Natural Mineral Waters Order (LN 311 of 2001), implementing Council Directive 80/777/EEC of the European Community. These two protected terms cannot be used to describe other types of water which are regulated by separate provisions, namely Council Directive 98/83/EC on water for human consumption, which covers other bottled table waters as well as public supply water. Since these drinking waters are extensively processed, no geographical link can be ascribed to them. Therefore, if consumers wish to purchase water on the basis of geographical origin, they should opt for waters marketed under these reserved terms.

A further clarification concerns the issue of the use of the Italian language in the labelling of foodstuffs. Regulation 18.1 of LN 5/2002 prescribes three permitted languages for the labelling of foodstuffs in Malta, namely Maltese, English, and Italian. Italian has been a permitted language for labelling of foodstuffs in Malta since November 1997. Therefore manufacturers, whether local or foreign, have every right to use the Italian language on product labels for foodstuffs, except in those very few cases where this is expressly prohibited by other provisions, such as in the case of infant formulae.

A very important point which is also made clear by the legislation is that a foodstuffs label is a legal document in its own right, in that legislation prescribes various details which must be given on the packaging. In view of its status, a label may only be judged to be misleading or otherwise when viewed in its entirety. An opinion cannot be formed merely from isolated segments of the label, because mistaken impressions can be corrected through other information given elsewhere on the label.

Finally, I wish to rebut the impression that MSA in some way is responsible for 'approving' product labels. The product label is an integral part of the product and it is solely the responsibility of the responsible person, whose name and address appears on the label, to ensure that it is in conformity with legal requirements. MSA's role is an advisory one in support of local operators in order to assist them in complying with legislation, but it should be made clear that in issuing our opinions we may only point out issues that are in clear breach of legal requirements. Optimisation and improvement of labels clearly fall outside the remit of the Authority. (Martin Seychell, Director {Foodstuffs, Chemicals, & Cosmetics} Malta Standards Authority)

We look forward to the Consumer and Competition Division's conclusion as to whether the above label is misleading or not.

Now, as explained by Mr. Seychell, we know that the MSA is not responsible for 'approving' product labels. Therefore, on what basis is Mr. Joe Sullivan (Aquatess Ltd.) claiming that they are "in conformity with the law"?! The key issue here is 'the country of origin'. While this is not stated in the label, the 'origin'is further clouded by the Italian flag, text, etc. combined with a statement that it is bottled by Aquatess for "Acqua Azzurra". Since, in Malta, Italy enjoys an excellent reputation regarding food and water, what we have here is imagery and symbols referring to Italy. They are so abusively used that a geographical link to Italy is established. In the prevailing scenario, potential Maltese buyers can be misled into assuming that it is Italian water bottled in Malta. Here follows another clear and simple message:

I have read the letter from Aquatess Ltd. and your response to it in the Sunday Times (March 23) and I am really astonished how our authorities do not move with speed against such a clear misleading label. Why do you need to beat the drum for 5 months?! It is crystal clear that the label is misleading and the authorities should have moved already to rectify such a situation. (Godfrey Camilleri)

Here follows yet another letter:

Further to my recent letter to you and your article on Sunday April 27, I am astonished to read that there is, in fact, a Malta Standards Authority and that its director for Foodstuffs Mr. Martin Seychell approved the label for Acqua Azzurra Table Water.

It beggars belief how an Authority set up to protect the consumer can state that the label conforms to regulatory requirements. Even if one uses mere commonsense, the label screams 'Italian' in all its aspects. If Aquatess Ltd. is not merely the 'bottler' for an Italian company which produces Acqua Azzurra, something that has neither been confirmed, nor denied by Mr. Joe Sullivan, then surely the label is misleading.

If it was not meant to make the consumer believe it to be an Italian product, why include the Italian tricolor on the label? Why publish the text in Italian? If it is Maltese let's be proud of our language which is now honoured as one of the official EU languages.

Moreover, why Acqua Azzurra? "Gli Azzurri" always describes the Italians! Why not "Acqua Maltese" if the producers wish to use Italian text but do not wish to mislead the public? In the final analysis, why use Italian text, unless you wish to induce the consumer into thinking s/he is buying an Italian product?

I believe Mr. Seychell has got it all wrong unless, when he was sent the label for checking, he was not told that this was supposed to be Maltese Table Water and he thought he was approving it for an Italian product. (Joe Aquilina-St. John)

Although we managed to extract an admission from Mr. Sullivan that the water is Maltese in its origin (Sunday Times, March 23) there is absolutely nothing on the "Acqua Azzurra" label that may perhaps remotely suggest it. It does not state that its origin is Maltese. On the label it says, (in Italian) that it is "bottled by Aquatess Ltd. for Acqua Azzurra".

So far we have featured letters from Geoffrey Mifsud, Godfrey Camilleri, Rose Agius, A. Schembri, and Joe Aquilina-St. John confirming that the label is "Misleading". Many other consumers told me but did not write in. A proper "legal" description on a label attached to a product gives "answers" and does not generate one single question. I ask Mr. Joe Sullivan (again) the following unanswered questions generated by their "misleading" label:

What is Acqua Azzurra?

Is it another company or is it just a product?

Is it an Aquatess product or an Acqua Azzurra product?

If it is another company, whose product is Acqua Azzurra?

Are Acqua Azzurra and Aquatess two separate companies or are they partners?

On reading the information given in Italian, could it be interpreted by a consumer that Acqua Azzurra is an Italian company which supplies the water to Aquatess Ltd., a Maltese company?

Finally, is the label misleading?!

Consumers are invited to write to me on this "misleading" issue.