Pune: Maharashtra Food and Drug Administration’s directive requiring restaurants to provide free drinking water has triggered confusion among customers about whether hotels and restaurants can continue charging for packaged bottled water, particularly above the printed maximum retail price.According to the FDA directive, food establishments must provide safe drinking water free of cost and display notices informing customers about its availability. Customers, however, remain free to buy packaged drinking water if they prefer.Hospitality sector representatives said the directive was widely misinterpreted, especially on social media, with some consumers assuming that restaurants could no longer charge for bottled water. Vikram Shetty, vice-president of Poona Hoteliers’ Association, said, “The FDA has directed restaurants to provide free drinkable RO water. That is different from packaged bottled water. Some customers have misunderstood the order, asking why they are being charged. But the two things are separate,” he said.Shetty said MRP provisions applied differently to service establishments like hotels and restaurants than to retail outlets. “Hotels incur costs towards service, staff, storage, electricity and maintaining the ambience. The Supreme Court has already clarified that MRP rules do not apply to restaurants and hotels in the same manner as they apply to shops selling products over the counter,” he said.The Supreme Court, in a 2017 judgment in the Federation of Hotel and Restaurant Associations of India case, held that hotels and restaurants were not barred under the Legal Metrology Act from charging above the printed MRP for packaged mineral water served as part of their services.The National Restaurant Association of India (NRAI) expressed concern over social media posts accusing restaurants of overcharging for bottled water. “Many videos selectively portray restaurants as violating the law, even though the legal position on service establishments is different from that of retail stores. This is creating unnecessary confusion among consumers and unfairly targeting restaurants,” an NRAI member said.Industry representatives stressed that bottled water was not a major revenue stream for restaurants. “Food establishments also incur costs towards refrigeration, storage, electricity and service. The margin on bottled water is not as high as it is often perceived, and restaurants are not relying on water sales to make profits,” the member said.NRAI has urged FDA to issue detailed operational guidelines to eliminate ambiguity. “Consumer interests must be protected, but businesses also need clarity. The guidelines should clearly distinguish between free potable drinking water and packaged bottled water, and remove ambiguity on compliance so that both consumers and restaurants are treated fairly,” a source said.A senior FDA official reiterated that the order pertained only to free potable drinking water and did not cover packaged bottled water. “Restaurants must ensure that potable drinking water is available free of cost. Bottled mineral water is a purchased commodity and does not have to be supplied free. Establishments should also display that free drinking water is available,” the official said.
