At a hearing Friday, PepsiCo attorney Dean Panos argued that Erwin should vacate her prior order because Wisconsin law disfavors default judgments. Panos also argued that since the case had barely begun, the plaintiffs would not be harmed, and that no default judgment can stand if the underlying complaint is defective.

The men allege that Pepsi stole their proprietary idea for purifying and selling tap water, and turned it into the inexplicable success that is Aquafina.

Judge scraps $1.26 billion judgment against Pepsi [Journal Sentinel] (Thanks, Emily!)

PREVIOUSLY:
Misplaced Letter Costs PepsiCo $1.26 Billion In Bottled Water Lawsuit

(Photo: marcus_in_ny)

The WSJ says that the price of Pepsi's "Aquafina" has dropped by half in some cases — and is still more expensive than store brands.

"It used to be $6.99 for a 24-pack, then $5.99," said Michael Bellas, chief executive of New York consulting firm Beverage Marketing Corp. "But $2.49? That's the lowest I've seen."

There is speculation that as Pepsi absorbs other bottlers and lowers its costs, the price could drop even lower. The botted-water makers told the WSJ that the low prices are just promotional and are common ahead of Labor Day.

Bottled-Water Price War Heats Up as Demand Falls [WSJ]
(Photo:Charliux)

"It's an obvious way to cut back," said Joan Holleran, director of research for market research firm Mintel. "People might still be buying bottled water, but you can bet that they're refilling those bottles."

The news delighted environmentalists, who have long berated the industry for wasting natural resources and stuffing landfills with plastic bottles. "I thought we'd never be able to impact sales of bottled water, and all of a sudden it's really gained momentum," said Wenonah Hauter, executive director of advocacy group Food & Water Watch. "I think we're making real progress."

We think it's more likely that a lot of consumers who buy bottled water have started to figure out that:

• It's hugely expensive—a back of the envelope estimate puts it at 5 cents an ounce versus less than 1 cent per gallon from a municipal water supply;
• It might be loaded with bad things you don't want to ingest, like disinfection byproducts, fertilizer residue, and pain medication;
• It has less safety oversight than plain old tap water, which is why bottlers don't have to tell you where the water came from or what's actually in it.

"Bottled water sales see a drought" [Los Angeles Times via Olevia]
(Photo: Nexeus Fatale)

In fact, bottled water makers are not required to disclose even as much information as your local municipality. If you live in a city of 10,000 residents or more, you probably receive a copy of a water report each year. The Solid Waste Disposal Act requires that public water systems test tap water for various contaminants using certified laboratories and issue a water-quality report, called the consumer-confidence report (CCR), once a year. (For particularly toxic contaminants, the SWDA requires results to be reported within 24 hours.) The CCR summarizes local drinking water quality, information about the water source, levels of detected contaminants, whether any of the detected contaminants exceed federal levels, as well as information on the potential health effects of certain contaminants. (If you live in a smaller town, consult the EPA's Web site.)

In contrast, bottled water manufacturers don't have to use certified laboratories nor report the results of any water quality testing to the FDA, even if the contaminants exceed federal standards. The GAO study also found that only a small percentage of the 83 bottled water labels looked at, companies contacted, or company Web sites reviewed contained information comparable to that required of tap water.

Consumer Reports tested bottled water in 2000 and found that it was safe when it met FDA standards, which wasn't always the case. All water should be regulated by the Environmental Protection Agency, but since it isn't, we'll stick with tap water, thank you very much.

Is tap water safer than bottled? [Consumer Reports]
(Photo: Snap®)

Consumers in Italy drink more bottled water than any place in the world. To avoid drowning in a sea of its own trash, Venice came up with the campaign, not-so-quietly touting its tap as originating deep underground in the same region as the popular bottled water brand San Benedetto.

Is it working? Yes and no.

In terms of trash reduction, the Acqua Veritas campaign has already been a success, Venetian officials calculate, reducing the amount of plastic trash over all to 261 tons a month now from 288 tons a year ago...

Still, the campaign to promote the mayor's water has made little headway with restaurants and stores, which make money selling bottled water.

I don't know much about Venice's mayor but, here in New York, when restaurants started referring to tap water as "Guiliani Water" several years ago, it was almost enough to make me pay for the bottled stuff. Almost.

"City Known for Its Water Turns to Tap to Cut Trash" [New York Times]

Carrie McLaren & Jason Torchinsky are coeditors of Ad Nauseam: A Survivor's Guide to American Consumer Culture. In previous lives, they worked together on the hopelessly obscure and now defunct Stay Free! magazine .

Beverages - Skip bottled water, make your coffee at home, and pay the $10 corking fee at your favorite restaurant so you can bring your own wine.

Weddings - Diamonds, dresses, and cake are marked up by outrageous amounts. Mall jewelers tend to be the worst (they have higher overheads to pay for). A professionally decorated wedding cake works out to about $15 per slice.

Grocery store produce - As you probably know instinctively, you're paying more for pre-cut and pre-packaged produce, and the widely-abused "organic" label seems to mainly be a euphemism for "we're gonna charge you more."

Clothing - Jeans are a big offender in this category, as are eyeglass frames. To save money on glasses, try an online retailer like Zenni Optical—but of course you'll miss out on the in-store browsing experience.

Popcorn - Actually, the Lansing State Journal calls this category "concessions," but the real culprit is popcorn—whether purchased at the movie theater or in a microwaveable bag.

"Top 5 retail mark-ups" [Lansing State Journal]
(Photo: emdot)

Stop Buying
• 1. Bottled Water: It's bad for both your wallet and the environment. Buy a Brita filter instead and fill up on clean, crisp municipal tap water.
• 2. Extended Warranties: We've told you before how extended warranties are an utter waste of money. Skip past product protection plans and keep the extra cash in your savings account.
• 3. Gym Membership: Oh, you go, do you? Really? Next week, maybe? Sure. If you actually use your gym membership, see if your employer or health insurer offers a membership subsidy.
• 4. Overdraft Fees: Don't pay $35 every time you zero-out your bank account. Take out a line of credit for overdraft protection and avoid the annoying bank fees.
• 5. Organic Produce: It may feel good, but the price usually isn't right. Consider community supported agriculture if you want the real thing, but otherwise, remember that we're in a recession and go for the cheap stuff.

Find A Better Deal
• 6. Auto Insurance: Ask if you're eligible for discounts. If you're driving less because of the recession, say, fewer than 7,500 per year, you might be able to knock 15% off your insurance bill.
• 7. Music Downloads: Ok, maybe not the biggest source of savings, but with most services dropping their DRM restrictions, you can now shop around and save a few cents on each download. Or drive to the local library and see if they have the CD you want.

Justus writes:

I noticed this water bottle in my room last weekend and couldnt help but laugh/snap some pics and email them to The C. Since when does "complimentary" mean "we will charge you 3 dollars for this tepid bottle of water if you open it'? I guess I should be thankful, because this misleading behaviour enabled me to pilfer bottles off the housekeeping cart without feeling guilty.

It reads: "BOTTLED WATER ONLY. No Water Cups Available!"

What do they think they are? An airline?

(Thanks, Michael!)

Here are a few choice goodies found in the water: Coliform bacteria, caffeine, the pain reliever acetaminophen, fertilizer, solvents, plastic-making chemicals and the radioactive element strontium.

All brands met the federal standards for drinking water, though researchers were concerned enough about two of the brands to release their names.

Sam's Choice sold by Wal-Mart and Acadia of Giant Food supermarkets contained chlorine byproducts above California's (stricter) standards, according to the Washington-based Environmental Working Group, an organization founded by scientists that advocates stricter regulation.

From USAToday:

In the Wal-Mart and Giant Food bottled water, the highest concentration of chlorine byproducts, known as trihalomethanes, was over 35 parts per billion. California requires 10 parts per billion or less, and the industry's International Bottled Water Association makes 10 its voluntary guideline. The federal limit is 80.

Water researcher Dr. David Carpenter, director of the Institute for Health and the Environment of the University at Albany, who had no role in the study, singled out trihalomethanes as the biggest concern because of strong research links to cancer.

"These are levels that should not be in bottled water," he said.

Giant Food officials declined to comment. Instead, company officials released a brief statement asserting that Acadia meets all regulatory standards.

Acadia is sold in the mid-Atlantic states, so it isn't held to California's standard. In most places, bottled water must meet roughly the same federal standards as tap water.

The researchers also said the Wal-Mart brand exceeded California's limit by five times for a second chlorine byproduct, bromodichloromethane.

The Environmental Working Group said it notified California's attorney general of its intent to sue Wal-Mart. The group wants the company to label its bottles in California with a warning of cancer-causing chemicals. Wal-Mart did not respond to a request for comment.

Ultimately, the researchers concluded that bottled water was, in some cases, no less polluted than tap water, and a waste of money. They recommended filtering tap water yourself.

Group: Wal-Mart, Giant bottled water shows more contamination [USAToday]

He writes:

Jay,

Thanks for alerting us to David’s discovery about Primo in “The Incredible Shrinking Water Bottle” post. First, we want to thank David for making the simple choice of choosing Primo over other bottled waters.

As your readers have pointed out, many beverage bottles alter when exposed to high heat. Because Primo bottles are made from a renewable plant-based natural plastic that is better for the environment that oil-based bottles, in some instances, exposure to high temperatures can alter the shape of the bottle. As with all beverages, we recommend storing Primo in a cool place. In addition, there should be no worry that any chemicals can leach into the Primo water. Rigorous testing indicates that regardless of temperature, there is no known leaking of chemicals from Primo’s natural, petroleum-free bottle to the water inside. Primo single-serve bottles are also 100% BPA free.

Thanks to your story, we will update the “frequently asked questions” section on our Web site at www.primowater.com to clarify these points.

Tim Ronan
Vice President Marketing and PR
Primo Water Corporation

Thanks for the clarification, Mr. Ronan. We also think that updating your FAQ is good idea.

PREVIOUSLY: The Incredible Shrinking Water Bottle

Editors,

I recently purchased a case of Primo bottled water. Like other products,
it's trying to a niche. Their spin is that the plastic in the bottle is
made from plants, not crude oil. Additionally, they claim the water tastes
just as good as the national brands. BUT the thing you aren't told is that
the bottle shrinks!

I left a bottle in my car while I was at work (I park in an open lot). When
I left work and got into my car, I noticed that the bottle was half its
original size. The bottle shrank after a few hours under the Houston sun.
Perhaps plastic made from corn by-products is not as durable as plastic
from petroleum. Whatever it is, I am concerned. If the bottle was full and
it shrank, it could have exploded from the pressure. Or it could have
gushed out as I was opening it. Because the plastic is so sensitive to 100
degree heat, it doesn't serve its purpose very well. And, this probably
means that toxins could be leaking out from the plastic.

Buyer beware!

I have enclosed a picture that compares the original bottle with the
shrunken version.

Thank you,

David

Degradable bottles seem like a good idea, we just don't want them degrading inside of our cars.

I'm was browsing my local HyVee (supermarket) and found one interesting deal. You can either buy their 15 pack "Best Seller" spring water for $3.88 or if you look down you will notice that the same exact 24 pack of spring water can be bought for $3.88. I know it might get confusing to compare unit prices or price per oz, but this is just ridiculous. I like how the box for the 15 pack says "NOW" right next to it, as if getting less for the same price is actually a good thing. I guess it is harder to carry 24 bottles vs 15 bottles, so you are actually paying for the convenience.

The confusion has put some companies in hot water. PepsiCo Inc.'s Aquafina brand and Coca-Cola Co.'s Dasani were slammed by consumer and environmental groups for failing to clearly note that their products came from water systems.

Aquafina, which adorns its bottles with a snow-capped mountain design, recently said it would revise its labels to include the phrase "public water sources." A Coca-Cola spokeswoman said there were no plans to put similar disclosures on Dasani bottles. Both companies cite local supplies as their water's source on their websites, though neither provides a detailed water quality analysis.

Right now, they don't have to. Bottled water is regulated as a food product by the U.S. Food and Drug Administration, unlike public water systems, which fall under state regulation. The federal government doesn't demand the level of disclosure that the bill in Sacramento would.

Source of water would be clear under new law [L.A. Times]
(Photo: Getty Images)

[Updated to reflect correct location of incident—our bad; we misread the article dateline as the location of the incident and incorrectly wrote "Beijing" the first time around.]

As you recall, bottled water costs 1,000 times more than tap water. Places like New York have tap water just as good or better than bottled water. Add a home water filter, refrigeration, and the foresight to bring the water with you in, and bottled water starts to look pretty stupid.

Aquafina labels to spell out source - tap water [CNN] (Thanks to Jim!)
(Photo: Anthony, Baby)

Then we thought about how stupid it was to buy water from Fiji . Not that there's anything wrong with Fiji, but we don't need their water. We have water. So when we saw the following quote, we were glad we didn't buy water that had to be transported from Fiji.

And in Fiji, a state-of-the-art factory spins out more than a million bottles a day of the hippest bottled water on the U.S. market today, while more than half the people in Fiji do not have safe, reliable drinking water. Which means it is easier for the typical American in Beverly Hills or Baltimore to get a drink of safe, pure, refreshing Fiji water than it is for most people in Fiji.

Message in a Bottle [Fast Company via BoingBoing]
(Photo: rickabbo)

Should I buy bottled water?
You do not need to buy bottled water for health reasons in New York City since our water meets all federal and State health-based drinking water standards. Also, bottled water costs up to 1,000 times more than the City's drinking water.

Now, if we're talking about sparkling or seltzer water, that's a different story. We would pay good money to put a second faucet in our sink that dispenses carbonated water. — BEN POPKEN

(Photo: Spirit635)