The three major mistakes of Hong Kong Consumer Council are: incorrect application of standards, incorrect determination of standards, and obvious subjective misguidance.
Full text of the lawyer's letter:
To: Hong Kong Consumer Council
We, on behalf of Nongfu Spring Co., Ltd. (hereinafter referred to as "Nongfu Spring"), are writing to clarify the following concerning your article "Thoughts on Drinking Water: 30 Bottles, Flavors, Minerals, and Safety Testing", which was published on July 15th, 2024.
Your article, which is based on erroneous understanding and unprofessional analysis, made an objective evaluation of the bromate content of Nongfu Spring's products and caused huge harm to Nongfu Spring's reputation. Nongfu Spring solemnly requests that your council issue a written clarification and apology, and eliminate all the negative effects caused to Nongfu Spring.
The following significant errors exist in your article:
I. Error in category of applicable standards
Your article indicates that the tested Nongfu Spring product is drinking natural water, and the ingredient of this product is clearly marked as "natural water (deep lake water)" in the test result table. However, when evaluating it, your council classified it as "natural mineral water" and compared it with different products, applying the European Union's "natural mineral water" standard.
In fact, Nongfu Spring's drinking natural water products, even if they adopt the European Union's regional standards, should be evaluated according to the European Union's safety standards for drinking water rather than the standards of "natural mineral water". According to the European Union's drinking water safety standards, the safe content of bromate is no more than 10 micrograms per liter. In various drinking water safety standards in China, Hong Kong, USA, Japan, and WHO, the safe content of bromate is also no more than 10 micrograms per liter. Nongfu Spring's drinking natural water products contain only 3 micrograms per liter, which fully meets the drinking water safety standards of various countries and regions and is a high-quality product.
II. Error in determination of standards
As a product produced and sold in mainland China and Hong Kong, Nongfu Spring drinking water products must prioritize the standards of the respective regions. Nongfu Spring's products strictly comply with the production standards and requirements of mainland China and Hong Kong. All bottled water must undergo disinfection (currently, the industry mainly uses ozone sterilization). Your council forcibly applies third-party standards that should not be applicable to products sold in Hong Kong, disregards the differences in production and technical backgrounds under different regulations, and does not consider the effect of ozone treatment. The conclusion drawn is extremely unscientific and rigorous.
Further, even if the European Union's natural mineral water standard is used for evaluation, the bromate content of Nongfu Spring's natural water products still meets the standard. Your article states that the bromate content of the Nongfu Spring natural water product tested in this instance is only 3 micrograms per liter, which is far below the median of the control standard (10 micrograms per liter) for similar products in the European Union. This reflects Nongfu Spring's good quality control ability and product quality, which meets the safety requirements of various countries and regions.
III. Evaluation language of non-professional with intentional misleading
Any standard only has the conclusion of "qualified" or "unqualified". The use of "upper limit" or "lower limit" is clearly an intentional mistake and misleading.
When evaluating, your council evades the important conclusion of "qualified or not", but intentionally confuses the safety standards and uses such careless expressions such as "reaching the upper limit", which are not rigorous and can easily mislead consumers about the safety of products. Moreover, your council used very unprofessional language in the article, and then commented that "using too much" or overeating bromate can cause nausea. What is "too much," and the language used by the council's official articles is highly irresponsible and unprofessional. According to the New York State Department of Health report, people who experience gastrointestinal symptoms such as nausea, vomiting, diarrhea, and abdominal pain have exposure to bromate levels that are thousands of times higher than those detected in drinking water products (hyperlink: https://www.health.ny.gov/environmental/water/drinking/bromate.htm)!
Your council's expression shows an obvious intention to mislead. After your council released the article, it caused panic among the vast consumer groups in Hong Kong and mainland China, and caused huge losses to Nongfu Spring, a company that is fully compliant with the product regulations.
Your council's behavior has caused huge negative impacts on Nongfu Spring, and Nongfu Spring warns your council to issue a clarification, apologize, and eliminate the impact immediately. Otherwise, Nongfu Spring will take further action!
Our firm reserves all rights on behalf of our clients.
Law firm of Zhao Buyu and Ma Guoqiang
July 16, 2024