Free water in bars and restaurants: understand the discussion – 03/28/2023 – Food

Free water in bars and restaurants: understand the discussion – 03/28/2023 – Food


Since February 9, Justice Edson Fachin, of the Federal Supreme Court, has on his desk a lawsuit that has been stirring up bars and restaurants in São Paulo. It is up to him to judge whether or not establishments should be required to provide free filtered water to customers.

To understand why the action ended up in Brasília, it is necessary to go back in time to September 2020, when the São Paulo City Council approved a law authored by councilor Xexéu Tripoli (PSDB).

Sanctioned by then Mayor Bruno Covas, the Água da Casa Law determines that bars, hotels, restaurants, snack bars, bakeries, coffee shops and similar establishments can sell mineral water at will, but are also obliged to serve free filtered water to anyone who asks for it – and to announce the practice clearly on menus.

Tripoli was in the business — he was already a partner at Capim Santo, a São Paulo restaurant — and has a history aligned with environmental guidelines. He authored the laws that banned plastic straws and disposables, such as cups and cutlery, for example.

Água da Casa, he explains, also aims to reduce plastic consumption —in this case, the individual bottles served on the tables.

“Since the mayor had signed the Plastics Economy New Global Commitment, led by the Ellen MacArthur Foundation with the United Nations Environment Program, I created a law that would get the ball rolling.”

In addition to providing for penalties ranging from a warning to a fine of BRL 8,000, the text set a period of 365 days for establishments to adapt. In September 2021, it entered into force.

A month earlier, however, the National Tourism Confederation, the CNTur, which brings together 130 employers’ unions, filed a Direct Action of Unconstitutionality at the Court of Justice of the State of São Paulo.

According to the president of CNTur, Wilson Luís Pinto, the law is undue interference by the State and harms free enterprise.

“If the owner of the establishment wants to offer something for free, because he concludes that he can give up that profit, that’s fine. But he can’t be obliged.”

The justices of the São Paulo TJ accepted the CNTur’s request and suspended the norm. The Attorney General’s Office of São Paulo then appealed to the STF.

While the decision is not made, the subject reaches a boiling point in restaurants and bars in São Paulo. Owner of wine bars Bocca Nera, in Pinheiros, and Bardega, in Itaim Bibi, Rafael Ilan Bernater stopped offering free water as soon as the law was suspended – and found himself in the crosshairs of a cancellation campaign on social media.

“Customers began to rudely demand free water. There were people holding a waiter by the arm and a lawyer threatening to close the establishment. I made a post clarifying that the law is no longer in force and, in the comments, they called me petty and inhumane. “

Revenue from the sale of mineral water, says Bernater, is essential to close accounts. “If the STF decides that we should give water, we will respect it, as we already did between September 2021 and June 2022.

But this cost will be passed on to other products. The sector has already suffered from the pandemic and has been suffering from inflation.”

Owner of the 1900 Pizzeria chain, with eight units, Erik Momo agrees with him. “The State cannot force me to give away, for free, something I buy. I pay for tap water, I would need to have a regulated filter to treat it”, he argues.

The sale of mineral water is considerable in its network. In 2022, for example, 217,000 customers consumed 75,000 300 ml plastic bottles, at R$6.80 each, he says. But the question, according to Momo, is more ideological than financial.

“Mineral water represents 7% of my beverage sales and 0.84% ​​of total revenue. Not selling water is not going to break my business, but forcing me by law makes no sense.”

On the opposite side are entrepreneurs like chef Marco Aurelio Sena, from the bar Tantin, in Pinheiros, who offers free water on his own initiative – and applauds the municipal law.

Only half of his customers demand bottled mineral, the rest accept free filtered – the house cleans the water tank monthly, keeps the reports available for consultation and put filters on all outlets, so that the water from the taps is already drinkable .

“In Europe, environmental awareness is greater. Laws like this make people turn up their noses, but they exist for the good of the community and cause minimal damage.”

There is also the team that offers free water, but does not agree that the practice is mandatory. It includes Gil Leite, partner of the Le Jazz group, with four restaurants, a bar and a bakery.

“It’s a kindness that reinforces our French concept. When we opened it, they said that nobody would take it, but people love it. If it’s by choice, I think it’s great”, says the businessman, who keeps activated carbon filters in his houses.

Making the offer of free water viable requires investment, but it pays off for the image of the house. Partner at Meat Downtown Burgers, in Jardim Paulista, Alexandre Barreiro spends BRL 2,340 per month to purchase mineral water in 20-liter gallons.

He chose a brand that guarantees a pH of 9.11, which is considered ideal by the Ministry of Health. “The only process is to fill the 1.2 liter jars and freeze them. The return comes in the form of sympathy.”

At the Milk & Mellow snack bars, owner Paulo Bueno offers more than one option for mineral water. Customers can drink water filtered with activated carbon for free, but those who prefer a 400 ml glass of purified water with a neutral pH pay R$3.

“About 65% of the public asks for water at the table and, of these, 30% prefer purified water. Only about 2% choose filtered water”, he says.

Although it supported the Direct Action of Unconstitutionality filed by the CNTur, the Brazilian Association of Bars and Restaurants of São Paulo issued a statement to its members reminding them that the issue goes far beyond the legal aspects: “The entity recommends keeping, when requested, free filtered. Courtesy and attention are part of good service, which builds customer loyalty”.



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