CWQA Position Statement Canadian Water Filter Industry Voluntary Guidelines for Carbon Water Filter Advertising and Promotional Claims REPRINTED
Health Protection Branch, Voluntary Advertising and Promotional Guidelines The purposes of this document and the guidelines contained herein are: (1) to set out. as they were conveyed to the Canadian Water Quality Association (CWQA) stall, the concerns of officials of Health and Welfare Canada's Health Protection Branch about advertising and promotional claims made by firms in the water filter industry seeing in Canada regarding the safety and efficacy of point-of-use filters containing activated carbon that are used in the household for the treatment of potable water; (2) to suggest these firms undertake a thorough and comprehensive review with their lawyers of their advertising, promotional. and sales presentation material in light of the Branch's concerns: and (3) to provide some general voluntary guidelines lo which these firms may have reference during that review I. BACKGROUND During late May 1981, certain manufacturers and distributors in the water treatment industry received an Information Letter from the Health Protection Branch stating that it had been involved in testing carbon filter to determine their efficacy and determine whether there existed any potential microbiological problems. The Information Letter stated that during the course of this testing it was determined by the Branch that under certain conditions a potential health hazard can arise due lo bacterial growth on the carbon bed of filters. Further, the Branch proposed to recommend that steps be taken under the Hazardous Products Act to prohibit the sale of carbon filters in order to eliminate this alleged potential health hazard. One of the Branch's concerns was the proper labeling of carbon filters for use on untreated waters of unknown quality for drinking purposes Advertising, promotional claims, and claims made during sales presentations for all carbon filters, whether intended (or use on treated or untreated water, were also included The Branch's concern is that all claims made by manufacturers and distributors of water filters be factual, and that manufacturers be able to support all claims they make for carbon filters. Subsequently. the CWQA staff and legal counsel met with the Branch officials. In these conversations, the Branch indicated its willingness to receive and consider the comments and evidence of those persons who may be most directly and adversely affected by the implementation of such a prohibition. Accordingly, CWQA submitted a Statement to the Branch stating that the proposed prohibition is neither necessary nor justifiable because there is no demonstrable potential health hazard arising from the proper use of such products and, thus, no need from a public health standpoint for such a ban. CWQA was of the opinion that the Branch's investigation report was based upon a misunderstanding of the intended use of such filters and a misinterpretation of available scientific data regarding the microbiological implication of such use. Thereafter, the course of the Branch's investigation was closely monitored by CWQA staff. In discussions with Branch officials, it became apparent to those involved from the industry that certain Branch officials are concerned about the misapplication of industry products. CWQA reiterated its position that carbon water filters are acceptable from a public health standpoint when the water is other-wise known to be bacteriologically safe. CWQA stated that it believes consumers should be advised to disinfect raw water of questionable or unknown microbiological quality before drinking it, whether or not activated carbon filters are used. Nevertheless, the Branch officials informed CWQA that they had identified three areas of concern: labeling, general overstatements and misrepresentations, and instructions for use. In order to address the Branch's concern, CWQA stated its willingness to serve as the vehicle by which the industry would have an opportunity to voluntarily resolve concerns relating to possible misapplication of carbon water filters. It was suggested by CWQA, and agreed to by the Branch officials, that CWQA would prepare voluntary guidelines for the industry relating to product claims and instructions for use. This document would be distributed to the industry and would, among other things, include suggested language regarding labeling, advertising, and promotional claims for water filters which each manufacturer and distributor could use as reference in connection with their own labeling, advertising, promotional, and sales presentation materials. The Director of the Bureau of Chemical Hazards, Environmental Health Directorate, Health Protection Branch, emphasized that he was willing to provide the industry with this opportunity to resolve the Branch's concerns voluntarily. He warned, however, that if the results of the voluntary approach did not satisfy the Minister, this matter could be quickly elevated to a prohibition of sale. II. AREAS OF HEALTH PROTECTION BRANCH CONCERN While each of the three areas of Branch concern will be dealt with separately, some comments, applicable to all three are appropriate. First, the examples of objectionable words and statements set out below were provided by the Branch officials and come from no other source. According to the Branch officials, they come from newspaper and magazine advertisements, and through consumer complaints. Further, these examples apparently are not the only ones which concern the Branch officials but are illustrative of those that do. Second, the fact that examples of advertising claims questioned by the Health Protection Branch are quoted herein should in no way be interpreted as necessarily constituting agreement by CWQA. It's staff or legal council, or any of its members with the Branch officials that these claims are not supportable. The only reason for quoting these examples is to provide a clearer understanding of the sources and nature of the Branch's concerns. CWQA has never involved itself in the advertising, promotional, or sales presentation practices of its members and is currently in no position to evaluate the accuracy of the claims in those areas. On the other hand, it is fair to say that CWQA believes a careful review by each industry firm of its advertising, labeling, instructions for use, promotional, and sales presentation material would be beneficial to all concerned. Third, the Branch officials have expressed particular concern over advertising, promotional, and sales presentation claims relating to the use of carbon filters on untreated water of unknown quality. The officials consider that there is much greater health risk and potential for consumer deception in respect to claims that are applied to carbon filters which claim to render raw or untreated water of unknown or questionable microbiological quality to an equivalent level of potability as that coming from a municipal treatment facility which is in compliance with drinking water standards. Since consumers do not have easily available means to test water quality, they may rely on the representations made by sales personnel and in advertising and promotional literature for their information. Accordingly, the Branch will be inclined to look closely and critically at microbiological and other health-related claims.
A. Labeling The Branch officials cited no specific examples of the way the industry labels water filters. However, what is not on industry product labels concerned them. The Branch officials believe very strongly that a statement should preferably be affixed to, but where not practical, should accompany the filter itself cautioning users not to use the product where the water is microbiologically unsafe or with waters of unknown quality, unless used in conjunction with a disinfection device immediately before or after the filter.
B. General Overstatements And Misrepresentations The Branch officials expressed concern over general statements such as "water like God created it in the beginning," or that a device will make water "free of all waterborne bacteria, instantly rendering the water safe for immediate human consumption." The Branch officials are also concerned over statements that carbon filters are "the answer" to a multitude of problems because the benefits vary based on a number of factors. The Branch officials are generally opposed to claims or statements that are absolute statements about alleged health effects. The following are examples of objectionable or suspect claims:
The Branch stated they are especially concerned about many uses of the word "purify," or any of its derivatives, unless the person making the claim can demonstrate that the use of its product renders the water microbiologically safe.
C. Instructions For Use In general, the Branch officials are concerned that once a carbon filter has been purchased and installed, the user does not properly maintain it. The Branch officials believe that consumers may use a carbon filter beyond its intended useful life. Accordingly, the Branch officials will be inclined to critically review instructions to the user respecting the frequency of changing filter cartridges, where to obtain them, and how to properly install replacements.
III. VOLUNTARY GUIDELINES The following voluntary guidelines are intended to be just that - guidelines. They are obviously not intended to provide all or any part of the wording for any firm's specific advertising, promotional, sales, labeling, instructions for use, or sales presentation material. Furthermore, these are not the only guidelines that could be drafted but are designed to provide a general framework within which more accurate and informative advertising, labeling, promotional, and sales presentation material can be prepared.
It bears repeating, although it can be presumed that it is well understood, that the firms in the water filter industry cannot, acting either through CWQA or otherwise, agree on matters relating to the form or content of their advertising, labeling, promotional, or sales presentation material or on their policies in these areas. Advertising, promotion, and sales presentations are key elements in competition and must be left up to each individual company to determine for itself. There are, therefore, a variety of different ways an individual company could revise its advertising, promotional, or sales presentation materials in a manner consistent with these guidelines which would alleviate the concerns of the Branch officials; or a company could choose to make no revisions at all. The point should be emphasized that these guidelines were prepared by CWQA's staff and legal counsel after lengthy discussions with various Branch officials and many other persons, on an individual basis, with extensive knowledge of the filter industry. However, they were not drafted or dictated by the Health Protection Branch. Adherence to these guidelines is, of course, no guarantee that an individual company's advertising, promotional, labeling, or sales presentation materials will be immune from subsequent Health Protection Branch proceedings. Likewise they were not drafted by industry members nor did CWQA or any of its members agree to adopt or abide by these guidelines, in whole or in part. CWQA simply authorized its staff and legal counsel to draft them in direct response to the Health Protection Branch's Information Letter and investigation, and then to widely distribute them throughout the industry.
A. Consumer And Corporate Affairs And Advertising Advertising in Canada is governed by both provincial and federal legislation. In either case, various statutes may be applicable, such as the Consumer Packaging and Labeling Act of Canada and the Business Practices Act of Ontario, but the most notable legislation is the Combines Investigation Act of Canada which makes misleading advertising a criminal offense. Section 36 and section 36.1 of this statute provides as follows:
"36.
36.1
It is important that members of the water filter industry review the above provisions and provisions of any other federal or provincial legislation that may be applicable in their particular circumstances with their own legal counsel with regard to their packaging, labeling, and advertising. The Canadian Water Quality Association makes no representation that adherence to the guidelines expressed within the document will absolve a manufacturer, distributor, or retailer, or any similar entity from any statutory or common law liability arising from the marketing of its products.
B. General Guidelines
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