Fiji Water Class Action: Is Your Water Contaminated With Bacteria?

Fiji Water has had its pristine image shattered with a new lawsuit accusing the company behind the “Earth’s Finest Water” of selling bottles which contain dangerous bacteria that can allegedly cause “psychiatric abnormalities” and bacterial infections.

According to the lawsuit, The Wonderful Company sold bottles that contained manganese and several strains of bacteria, “rendering them adulterated.” High levels of manganese can lead to manganese toxicity, which can cause issues including depression and insomnia, the lawsuit alleges.

Monthly Fiji Water Purchase Turns Brown and Murky

New Jersey resident Gwen Bocchinfuso filed the proposed class action lawsuit after she purchased eight cases of Fiji water on Amazon in January and February, as she does every month, only to one of her orders contained bottles filled with murky brown water that she discovered was contaminated with manganese.

If she’d known the bottles would be “adulterated,” she says she never would have bought the water bottles, and because of the company’s failure to ensure the quality of the product they marketed she had suffered an “ascertainable loss of money” as well as wasting her time. 

Over 1 Million Fiji Water Bottles Contaminated with Bacteria

Because of the contamination, The Wonderful Company recalled more than 78,000 cases of Fiji water sold in the United States, and the recall notice says three other bacterial genera were also discovered in the water, according to the Food and Drug Administration.

A spokesperson for The Wonderful Company told NBC that the most of the affected water bottles had already been returned, and the last of the contaminated bottles were being held in a warehouse and would be returned. 

 “The FDA classification announced yesterday relates to a matter from several months ago that never posed any health or safety risk,” the spokesperson said. The spokesperson said the recalled bottles were an issue "confined to products sold through a single distributor."

What is Manganese?

According to the National Institute of Health, manganese is an essential trace element found naturally in many foods, as well as being available as a dietary supplement, and used for energy production and cell protection. “Your body also needs manganese for strong bones, reproduction, blood clotting, and a healthy immune system,” the agency states.

NIH says studies haven’t shown any harm from the manganese in food and beverages, “but some people have developed manganese toxicity by consuming water containing very high levels of manganese.” 

The agency says symptoms of manganese toxicity include tremors, muscle spasms, hearing problems, mania, insomnia, depression, loss of appetite, headaches, irritability, weakness, and mood changes.

How Did Manganese Contaminate Fiji Water?

Like many minerals, because manganese is naturally occurring in the environment it can get into water sources in multiple ways. One common way is that groundwater can pass through rocks and soil that contain manganese, picking it up along the way and collecting it at a water source. 

Mining and industrial discharge can also lead accumulated manganese to be released into water sources, as well as run off from polluted areas like landfills or compost piles.

String of Lawsuits Raises Questions About Fiji Water’s Purity

Fiji water has already faced legal action this year, but for another issue regarding the purity of its water. Consumers filed a class action lawsuit against the manufacturer accusing it of selling water that contains microplastics that aren’t declared on the label. Chicago resident John Daly said in his lawsuit that the bottled water also contains harmful microplastics that leak out of the plastic bottle.

Poland Spring maker BlueTriton Brands Inc was also hit with a class action lawsuit this year for allegedly selling water that was contaminated with microplastics. Meanwhile, Nestle is facing a class action lawsuit over allegations that its Perrier water is not mineral water and shouldn’t be sold as such.

In the Fiji Water class action lawsuit, Bocchinfuso is accusing The Wonderful Company of violating the New Jersey Consumer Fraud Act, and California’s False Advertising Act, California Unfair Business Practices Act, and Consumer Legal Remedies Act. On behalf of Fiji water drinkers nationwide, she wants to get injunctive relief, damages, and fees.

Case Details:

• Lawsuit: Bocchinfuso v. The Wonderful Company LLC
• Case Number: 2:24-cv-04975  
• Court: U.S. District Court for the Central District of California 

Plaintiffs' Attorneys:

• Todd M. Friedman (Law Offices of Todd M. Friedman, P.C.)