REAL Water False Advertisements and Misrepresentation of Product

samantha severyn

If you go to the REAL Water website, you will see some pretty awesome claims about their incredible bottled water. “Real Water is a premium, drinking water with 8.0 pH that utilizes the proprietary E2 Technology, making it the only drinking water on the market that can maintain a stable negative (-) ionization. Since Real Water is alkaline with an 8.0 pH and negative ionized, it can help your body to restore balance and reach your full potential!” However, five separate individuals in the state of Nevada are claiming REAL Water, processed and bottled in Las Vegas by the Affinity Lifestyles Company, is nothing more than bottled Nevada tap water which you can drink for free, thanks to the Southern Nevada Water Authority (SNWA.) To be fair, their website does have a disclaimer at the bottom of their “About Us” page which reads, “These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure or prevent any disease.”

The health advantages of their water are clearly touted, while the plaintiffs claim their reliance on the product was based on the company’s far-fetched health and science claims. They even have a “Real Science” page under “Why REAL Water” on their website. In addition, their website photo gallery offers plenty of photos of celebrities (Courtney Cox, Kim Kardashian, Floyd Mayweather, Kesha, etc.) holding their bottles of water. REAL Water is sold nationally through various large grocery retailers, and health-food stores, plus they also offer 5-gallon home delivery in some locations.

The individuals bringing the class-action are asserting claims for unjust enrichment, fraud (false advertising), breach of implied warranty of merchantability, and breach of express warranty. The five plaintiffs are listed as: Keyatra Grant, Jayson Morgan, Jennifer Nunes, Dennys Sian, and Ramona Wells. They are being represented by Scott K. Canepa and Terry W. Riedy of Canepa Riedy Abele & Costello and J. Randall Jones, William L. Coulthard and Nathanael R. Rulis of Kemp Jones & Coulthard LLP.