Real Water to pay $129M over consumer liver failures

Update: 

• A Las Vegas jury awarded a group of five individuals more than $129 million related to their claim that they developed liver failure after drinking Real Water’s now-discontinued alkalinized water product. 
• The award included $29 million in compensatory damages and $100 million in punitive damages, with the highest amount of compensation going to a plaintiff who underwent a liver transplant. 
• The consumers argued Real Water used a process to alkalize its water that caused it to produce the toxin hydrazine. 
• They also claimed Real Water failed to properly test its alkalinized water product and didn’t take customer complaints seriously enough. 
• The Food and Drug Administration, Centers for Disease Control and Southern Nevada Health District began investigating Real Water in late 2020 after a doctor in Salt Lake City reported seeing a spike in liver patients from Nevada. 

Real Water liver failure trial overview: 

• Who: A Nevada jury began hearing testimony in a case involving Affinity Lifestyles’ discontinued “alkaline water product” Real Water. 
• Why: A group of consumers claim Real Water caused them to develop liver failure and that Affinity Lifestyles failed to implement basic safeguards or recall the product when they should have. 
• Where: The lawsuit is in the 8th Judicial District Court of Nevada in Las Vegas. 

(Jan. 31, 2024)

Jurors began hearing testimony last week in a trial revolving around claims that the “alkaline water product” Real Water caused a number of consumers to experience liver failure, and that the company behind the product failed to properly test or recall it. 

Consumers argue Affinity Lifestyles, the makers of the now-discontinued Real Water, failed to implement basic safeguards and chose not to recall the product even after one of its own executives developed acute liver failure in October 2020, Law360 reports. 

Real Water was reportedly pulled from shelves in March 2021 following an investigation by the U.S. Food and Drug Administration, U.S Centers for Disease Control and Prevention and the Southern Nevada Health District. 

A doctor from Salt Lake City sounded the alarm in late 2020 that they were seeing an increase in liver patients from Nevada, which precipitated the investigation, according to Law360.   

Real Water maker introduced toxin into product through manufacturing process, lawsuit says

Consumers reportedly argue Affinity Lifestyles was introducing a toxin known as hydrazine into the Real Water product with its “alkalinizing” manufacturing process and that it should be held responsible for allegedly failing to realize it was doing so. 

Jurors, meanwhile, were reportedly told by the consumers’ counsel that Affinity Lifestyles does not dispute that its Real Water product contained hydrazine nor that it was at fault. 

The five named plaintiffs all survived liver failure that they claim was caused by Real Water. One of the plaintiffs allegedly had to undergo a liver transplant and now has a shortened life expectancy, Law360 reports. Liver failure has a survival rate of around 20%.

The gas station Terrible’s is also named in the complaint, with the consumers arguing the chain partnered with Real Water by showing advertisements and giving coupons to customers for the product allegedly without testing or verifying it. 

The case is only one of a number of complaints that was filed against Affinity Lifestyles in the wake of the FDA notifying consumers of a voluntary recall of the product over possible health risks. 

Did you develop liver problems after consuming Real Water? Let us know in the comments.

The plaintiffs are represented by Will Kemp and Eric Pepperman of Kemp & Jones. 

The Real Water liver failure case is Hunwardsen, et al. v. Affinitylifestyles, et al., Case No. A:21-831543-B, in the 8th District Court of Nevada, Clark County. 

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