Real Water Class Action Says Product is Just Bottled Tap Water

Real Water brand bottled water, sold by Affinitylifestyles.com, is actually bottled tap water that is sold to Nevada consumers at a premium price, according to a false advertising class action lawsuit.

Plaintiffs Jennifer Nunes, Dennys Sian, Ramona Wells, Jayson Morgan and Keyatra Grant filed the Pure Water class action lawsuit in August and the case was removed to Nevada federal court this week.

The class action claims that the plaintiffs relied on the scientific and health claims made by Affinity about its Pure Water bottled water product.

They say they paid a premium for the product, which they claim is just bottled tap water.

“Defendants use inexpensive, publicly subsidized, treated, safe and alkaline potable water supplied by the Southern Nevada Water Authority (‘SNWA’), which is drawn from the tap at their Clark County, Nevada facilities, before they process (‘Manufacture’) the water, label it and distribute it throughout Nevada to numerous consumers at a premium price,” the Real Water class action lawsuit states.

Affinity has been bottling tap water and selling it under the Real Water name to Nevada consumers since the company’s inception on Jan. 27, 1998, the plaintiffs allege in the Real Water class action lawsuit.

The bottled water class action lawsuit takes issue with several allegedly false and misleading claims on the Real Water label.

According to the bottled tap water class action lawsuit, the back label of Real Water states: “With the proprietary E-2 Electron Energized Technology, Real Water is beyond alkalinity … it Is infused with negative (-) ions. Compare this to most purified waters which are acidic and positive (+) ionized.”

The plaintiffs assert that this claim “contradicts the principle of electroneutrality” because water that contains an abundance of electrons would carry an electric charge and possibly be unsafe to consumers.

The Real Water label claims that many health professionals are concerned that acidic bodies can be unhealthy, and that a person’s health can be improved by drinking alkalized water.

Real Water allegedly has the capability of removing acid toxins, neutralizing harmful free radicals, and increasing cellular hydration.

According to the Real Water class action lawsuit, these claims are false and misleading because the product offers no more health benefits than tap water.

The plaintiffs allege Affinity included these false and misleading scientific and health claims to make its Real Water product stand out from its competitors, appeal to health-conscious consumers and to encourage them to pay a premium price for its Real Water product.

The Real Water class action lawsuit asserts claims for fraud, breach of express warranty, breach of implied warranty of merchantability and unjust enrichment.

By filing the bottled tap water class action lawsuit, the plaintiffs seek to represent a Class of consumers who purchased Real Water bottled water in Nevada since Jan. 27, 1998.

The plaintiffs are 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.

The Real Water Class Action Lawsuit is Jennifer Nunes, et al. v. Affinitylifestyles.com Inc. dba Real Water, Case No. 2:16-cv-02265, in the U.S. District Court for the District of Nevada, Southern Division.