Real Water Class Action: $3 Billion Verdict for Families with Liver Damage

A Las Vegas jury awarded $3 billion in punitive damages and $98 million in compensatory damages to five children and three adults who suffered serious liver damage from drinking Real Water bottled water. 

Newsweek reports that the five children, ranging in age from 7 months to 5 years old, were flown to a children's hospital in Salt Lake City for possible liver transplants after allegedly ingesting the toxic chemical hydrazine, which was found in the water. Fortunately, the transplants were not needed.

Families' Nightmare: Children Face Permanent Liver Injury After Drinking Real Water

Lead attorney for the plaintiffs Will Kemp told Newsweek the children all have permanent liver injury, and the 22-month-old has cirrhosis. "How many 22-month-olds do you know with Cirrhosis?"

According to the American Liver Foundation "Cirrhosis is where your liver is severely scarred and permanently damaged. While the word cirrhosis is most commonly heard when people discuss alcohol-induced liver disease, cirrhosis is caused by many forms of liver disease."

Kemp said the condition of the adults is unknown, but they require counseling for overcoming what happened to their children. "We just hope that it encourages the bottled water industry to test all their products like they should in the first place," Kemp said.

Real Water Recall: FDA Investigation Uncovers Toxic Chemical in Bottled Water

The Real Water issue came to light a few years ago when a number of consumers started filing lawsuits against the company alleging its water was making them sick. Following a number of complaints that the water was connected to an acute non-viral hepatitis outbreak, the Food and Drug Administration and Southern Nevada Health District launched an investigation into the company in March 2021.

Real Water issued a recall, but was soon after hit with a lawsuit by the FDA for selling adulterated water. FDA inspections found "significant deviations from preventative control requirements intended to control the risk of hazards in food,” the complaint said, and that had resulted in a number of regulatory violations. The company folded in 2021 following the pressure and filed for bankruptcy.

"Bizarre Process" Exposed: Real Water's Dangerous Experiment with Rocket Fuel

According to the FDA lawsuit against Real Water, the company marketed its products as a healthy alternative to tap water, but the water was really just “municipal tap water that the defendants processed with various chemicals in violation of current good manufacturing practices, relevant food safety standards and hazard prevention measures.”

Kemp told Newsweek Real Water, to make its alkaline water, used a "bizarre process" that involved electrifying water in two 12-hour periods with a charging machine that created rocket fuel. After it had run it’s wild experiments, the brand didn't do any adequate safety testing, Kemp said.  

"Anytime you bring a new food or water product on the market, you think you know what's in it but why not do a 100-buck screen-water test?" Kemp told Newsweek. "Why not take that precaution to know you're not issuing something potentially dangerous to the public?"

Real Water's History of Lawsuits and Alleged Health Issues

Real Water has previously been taken to court in separate cases for harming other consumers who drank its alkaline water. In February, the company had to pay out $130 million in damages to five plaintiffs who accused the company, and back in October last year it was ordered to pay $228.5 million to separate plaintiffs. 

In that case, the plaintiffs alleged the company’s water contamination was linked to one death. 

Case Details

• Lawsuit: Wren et al. v. Affinitylifestyles et al.
• Case Number: A-21-831169-B
• Court: Eighth District Court of Nevada, Clark County 

Plaintiffs' Attorneys

• Will Kemp and Eric Pepperman (Kemp Jones LLP)
• Theodore Parker (Parker Nelson)