Strong Claims, Weak Regulation: Commercial Drinking Water and the Safe Drinking Water Act

Abstract Over the past few decades, commercial water—bottled water or water sold from water kiosks (e.g., water vending machines)—has grown into a multibillion-dollar industry. Many commercial water products claim to be superior to tap water, despite being less stringently regulated. This chapter examines disparities in regulation between tap and commercial drinking water. Tap water is strictly regulated by the Safe Drinking Water Act (SDWA), while bottled water is less stringently regulated by the Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act. Kiosk water is essentially unregulated at the national level, and state-based regulations of water kiosks vary widely from state to state. The lack of regulations surrounding commercial water is ironic, given commercial water companies’ claims of selling a superior product to tap water. This chapter reviews the challenges posed by and lessons to be learned from commercial water and then outlines a series of recommendations to guide the next 50 years of policy regarding safe drinking water systems, which today include commercial water.