The IBWA claims that products like NicoWater are not “bottled water” and are not produced, marketed or regulated as such. The U.S. Food and Drug Adminis-tration (FDA) fully regulates bottled water as a packaged food product, with specific standards for quality, labeling, and manufacturing practices, among others, that relate to all foods, including the bottled water category. According to the IBWA, packaged waters with nicotine content are not considered bottled water, since they do not meet the applicable FDA regulatory requirements and standards required of bottled water products.

Water-based products containing nicotine are not representative of the traditional bottled water industry and no IBWA member produces such a product, the IBWA further asserts, clarifying its viewpoint on the matter so that like products are not inappropriately classified or characterized as “bottled water.”