Sarah Mirando  |  October 31, 2011

Category: Legal News

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Oxygizer Beverage False Advertising Class Action Lawsuit

By Sarah Pierce

  
Oxygizer Water Bottles
A federal class action lawsuit claims that Oxy Beverages Group sells oxygenated water called “Oxygizer” with false claims about health benefits that are “physiologically impossible for human beings.”
According to the Oxygizer class action lawsuit, Oxy Beverages markets its oxygen-enriched water beverages as a way to increase users’ oxygen content, but this is impossible because humans “absorb oxygen through their lungs and cannot absorb oxygen into their blood stream through the ingestion of water or other liquids.”
The Oxygizer class action lawsuit takes aim at several specific marketing claims for the oxygenated water, striking each of them down. Some of these include:
(1) That Oxygizer aids athletic performance and rapid recovery of muscles and physical exertion by increasing the level of oxygen.
This is false since Oxygizer does not and cannot increase the amount of oxygen in the blood stream and, thus, the recovering muscle. More oxygen is brought into the human system through a single breath than would be by drinking any number of bottles of the defendants’ expensive beverage.
(2) That Oxygizer’s glass bottle eliminates or reduces oxygen loss protecting its increased oxygen content.

This is false since most of the additional oxygen in the bottle escapes the bottle once opened through the inevitable process of diffusion.
(3) That Oxygizer is the only water “That has a proven positive effect on the body due to its level of oxygen and the natural mineral composition…”
This is false since every peer-reviewed study has concluded that Oxygen cannot be absorbed by human beings through the ingestion of liquid.
(4) That Oxygizer “transports oxygen in every cell of your body to regenerate it…”

In fact, for human beings, this effect is physiologically impossible.
(5) That “scientific tests have proven that athletes drinking Oxygizer…are capable of achieving a higher performance with a lower physical strain and simultaneously enhanced shorter recovery period…”
In fact, studies have concluded the exact opposite.
(A full list of the alleged Oxygizer false advertising claims can be found in the class action lawsuit document, found here.)
The Oxygizer class action lawsuit is brought on behalf of all persons in the U.S. who purchased Oxygizer water within the past four years. It is seeking damages and reimbursement for Class Members for alleged fraud and negligent misrepresentation. It is also asking that Oxy Beverages change the name of Oxygizer so that it does not suggest beneficial effects from the product “which are in fact physiologically impossible for human beings.”
The case is Ani Ghazarian v. Oxy Beverages Handelsgesellschaft mgH, et al., Case No. 11-8860, U.S. District Court, Central District of California.

 

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Updated October 31st, 2011

 

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2 thoughts onOxygizer Beverage False Advertising Class Action Lawsuit

  1. daniele capitanio capitanio says:

    non ha avuto riscontro giudiziale

  2. paola moschini says:

    there are news on this class action

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