Milberg Files Real Water Class Action Lawsuit

FDA Probing Real Water For Potential Link To Non-Viral Hepatitis

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Milberg Coleman Bryson Phillips Grossman PLLC

Mar 25, 2021, 09:36 ET

LAS VEGAS, March 25, 2021 /PRNewswire/ -- Milberg Coleman Bryson Phillips Grossman PLLC ("Milberg") has filed a class action lawsuit against Real Water, a Las Vegas-based bottled water brand, claiming that the product causes liver failure and other side effects.

Real Water, owned by Affinity Lifestyles.com, Inc. of Las Vegas, Nevada claims its product is the "healthiest drinking water available." Thanks to its alkaline properties and infusion with "negative ions," says Affinity, Real Water can "help your body to restore balance and reach your full potential." However, according to Milberg's class action complaint, Real Water failed to disclose that its product is defective and can cause health problems that include fever, fatigue, nausea, vomiting, jaundice, liver failure, and hospitalization, despite knowing about these harmful effects since at least November 2020.

"Defendant's Real Water is not the healthiest drinking water available," states Milberg's complaint, filed on March 21 in U.S. District Court for the District of Nevada. "In fact, it is far from it. Defendant's Product does not help one reach their full potential. In fact, Defendant's Product has caused liver damage to children due to non-viral hepatitis."

In November 2020, a 2-year-old from Southern Nevada was transported to the hospital for liver malfunction. While there, it became apparent that multiple children have had similar ailments. The only common link among the group was drinking Real Water. The Food and Drug Administration (FDA) began an investigation into these cases on March 16. On March 21, FDA issued a warning that consumers, restaurants, and retailers should not drink, cook with, sell, or serve Real Water. A company press release says that Real Water has asked stores to stop selling its products "throughout the United States until the issue is resolved."

"Affinity makes a lot of impressive-sounding claims about Real Water's health benefits and innovative technology," says Dan Bryson, a Senior Partner at Milberg. "It goes out of its way to deride the dangers of tap water when, ironically, drinking tap water appears to be far safer than drinking Real Water."

Milberg's Real Water class action lawsuit has a proposed nationwide class of all persons in the United States who purchased the product for personal, family, or household use. It also includes a subclass of California residents who purchased Real Water. The lawsuit seeks damages and/or equitable relief on behalf of the class members. Two of the lead plaintiffs suffered nausea after drinking the water, and one plaintiff noticed blood in her urine.

"Consumer class actions play an important role in protecting public health by drawing attention to dangerous products," said Milberg Senior Partner Greg Coleman. "Many of the so-called health products out there are anything but, and litigation like this helps to root out bogus manufacturer claims."

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About Milberg Coleman Bryson Phillips Grossman

Established by members of Milberg Phillips Grossman LLP, Sanders Phillips Grossman LLC, Greg Coleman Law PC, and Whitfield Bryson LLP, Milberg represents plaintiffs in the areas of antitrust, securities, financial fraud, consumer protection, automobile emissions claims, defective drugs and devices, environmental litigation, financial and insurance litigation, and cyber law and security. Milberg has nearly 100 attorneys operating on three continents. The firm and its affiliates have recovered over $50 billion in verdicts and settlements. Milberg offices are located in New York, London, California, Georgia, Mississippi, Washington, Tennessee, Florida, North Carolina, South Carolina, Kentucky, Louisiana, and Puerto Rico.