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What Is Real Water?
Real Water, a Nevada-based bottled water company, marketed its products as “alkalized water with negative ions,” claiming it could promote hydration and provide health benefits that standard bottled water could not. Real Water’s main selling point was its claim to have developed an “alkalized” water that could bring the body to a more balanced state, purportedly improving cellular hydration. The company advertised the product as containing antioxidant properties that could neutralize harmful free radicals, offering benefits to consumers seeking health-conscious water options. Despite its wide marketing appeal, Real Water’s journey as a company took a dramatic turn when significant health issues arose that raised concerns about the safety and efficacy of its products.
The FDA Launched An Investigation
The FDA’s investigation into Real Water, initiated in March 2021, was spurred by reports of acute non-viral hepatitis illnesses linked to the brand’s alkaline water. The investigation, conducted in collaboration with the CDC and the Southern Nevada Health District, initially centered around five cases of acute liver failure among children in Nevada. These cases led to hospitalization, and all individuals had consumed Real Water. Symptoms include nausea, vomiting, abdominal pain, and jaundice, common indicators of hepatitis.
The Investigation Started To Focus On Real Water
Real Water’s alkaline water became the focal point of the investigation, as it was the sole commonality among affected individuals. The FDA swiftly issued a public warning, advising consumers, retailers, and distributors to avoid Real Water products entirely. Despite FDA’s demand for operational records and inspection access, Real Water’s cooperation was limited. Consequently, the FDA heightened its scrutiny, issuing formal demands to obtain records under the Federal Food, Drug, and Cosmetic Act. By April 2021, the agency found that Real Water’s voluntary recall was inconsistently implemented, with products still available in some retail locations and online.
They Ceased Operations
Real Water, the Nevada-based company that produced and marketed alkalized water, initially halted its operations in 2021 following a string of public health warnings, regulatory actions, and lawsuits. The decision to cease operations came after the U.S. Food and Drug Administration (FDA) launched a thorough investigation connecting Real Water products to cases of acute non-viral hepatitis, which caused severe liver damage in multiple consumers. The FDA’s investigation revealed unsanitary conditions at Real Water’s facilities and led to a nationwide recall, urging consumers and retailers to discard or remove all Real Water products. Despite attempts at damage control, the company struggled to manage the fallout, as the health risks tied to its products led to public distrust and significant financial losses.
How The Company Filed For Bankruptcy
As the crisis escalated, Real Water faced an increasing number of lawsuits filed by affected individuals and families, seeking compensation for the health effects they suffered. These lawsuits, along with the loss of consumer confidence, drained Real Water’s resources and pushed the company to the brink of financial collapse. In the face of mounting legal and operational pressures, the company filed for Chapter 7 bankruptcy, aiming to liquidate its remaining assets to cover liabilities. Chapter 7 bankruptcy signaled that Real Water intended not to restructure its debts but to close down permanently and address its obligations to creditors and plaintiffs in the lawsuits.
The bankruptcy filing marked the end of Real Water’s efforts to continue as a business. This decision underscored the far-reaching impact that product safety failures and regulatory non-compliance can have on a company. Real Water’s closure and subsequent bankruptcy were consequences of inadequate quality control and failure to maintain transparency, which not only affected consumers’ health but also dismantled the company’s reputation. The company’s downfall serves as a reminder for other businesses in the health and wellness industry to uphold rigorous safety standards and ensure that health-related claims are backed by credible evidence.
Not Real Water First Lawsuit
The trial was not the first against Real Water. Previously, the company had been hit with significant verdicts totaling billions of dollars in similar lawsuits, including $3.1 billion in June, $130 million in February, and $228 million in October 2023. These repeated judgments underscore the scale of the health impacts suffered by consumers, who reported severe liver damage and other health complications following the consumption of Real Water’s “alkalized” products. Despite Real Water’s bankruptcy filing, which complicates the payout of these damages, additional civil suits are pending against the company, which could result in further legal repercussions.
This case serves as a landmark in consumer safety litigation, reinforcing the accountability that health product companies bear. The substantial punitive damages awarded reflect the jury’s intention to send a clear message about the consequences of corporate negligence, especially when it pertains to public health.
The Defense Sought To Reduce The Compensation
In the court proceedings against Real Water, the defense sought to portray the company’s actions as unintentional negligence rather than willful misconduct, aiming to reduce the severity of the penalties. Defense attorneys argued that while the health issues linked to Real Water were unfortunate, the company did not knowingly contaminate its products or disregard safety standards. According to the defense, Real Water was unaware that its alkalized water contained hydrazine, a toxic chemical associated with liver damage. This stance was intended to differentiate the company’s alleged failures as oversights rather than reckless or malicious conduct, hoping to appeal to the court’s understanding of unintentional errors versus outright disregard for consumer safety.
Focused On Lack Of Knowledge
The defense further argued that Real Water lacked knowledge of hydrazine as a contaminant and was therefore unaware of the need to test for this specific chemical. This argument suggested that the contamination may have been introduced inadvertently during the alkalization process or another phase of production. By framing the issue as an isolated oversight in a complex production process, the defense attempted to convince the jury that the company did not act with gross negligence or malice, which could mitigate punitive damages. Additionally, defense attorneys highlighted that Real Water cooperated by initiating a voluntary recall when the health crisis emerged, portraying the company as responsive rather than negligent.
Prosecutors Highlighted The need For Company Responsibility
Despite these arguments, the plaintiffs and prosecution countered that Real Water’s failure to implement rigorous safety protocols constituted a form of gross negligence. They emphasized that health-focused companies must adhere to higher safety standards and that ignorance of a contaminant like hydrazine did not absolve the company from responsibility. Furthermore, the court had to consider the severity of the health consequences, including cases of acute liver failure and a fatality, which underscored the impact of Real Water’s shortcomings. While the defense aimed to lessen the penalties by framing the incident as a lack of knowledge rather than recklessness, the jury ultimately delivered a substantial punitive award, reflecting the court’s stance on corporate responsibility in health and safety matters. This approach underscores the difficulty companies face in arguing ignorance as a defense when public health is jeopardized.
The Owner Is Unlikely to Face Criminal Charges
Brent Jones, the former head of Real Water and a past Nevada State Assembly member, is unlikely to face criminal charges related to the severe health incidents and a reported death associated with the company’s products. While Real Water has been found liable in several civil suits for causing liver damage to consumers, the standards required for criminal liability are generally higher, focusing on intentional wrongdoing or extreme recklessness. In this case, Jones and his defense team have consistently argued that the contamination was accidental and that the company had no knowledge of hydrazine— the toxic substance linked to liver damage and used in rocket fuel— in their water. This lack of intentional harm is a key element that differentiates civil negligence from criminal liability.
He Would Have To Disregard For Consumers Safety Knowingly
From a legal perspective, criminal charges would require evidence that Jones or his company knowingly disregarded consumer safety to the point of intentional harm or extreme indifference to human life. The defense has maintained that any oversight was due to gaps in knowledge rather than a willful disregard for safety protocols. Additionally, the defense emphasized that Real Water implemented a voluntary recall as soon as the FDA linked its products to health issues, an action they argue shows a commitment to consumer safety, albeit belatedly. While civil courts have penalized Real Water for failing to ensure its products’ safety, criminal courts would need compelling proof of intent or gross negligence to pursue charges against Jones personally.
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Real Water Lawsuit FAQs: Causes of Liver Damage & FDA Actions
Real Water was found to contain hydrazine, a toxic chemical commonly used in rocket fuel. This chemical caused liver damage among consumers and was introduced during the alkalization process.
The FDA conducted inspections, issued warnings, and facilitated a nationwide recall of Real Water products. It also investigated unsanitary conditions at the company’s facilities.
Real Water faced significant lawsuits, consumer backlash, and financial strain due to health impacts caused by its products, leading to its Chapter 7 bankruptcy filing to liquidate assets.
Criminal charges require evidence of intent or gross negligence. The defense argued the contamination was accidental, and there was no proof of deliberate misconduct or recklessness by Brent Jones.
Real Water was ordered to pay billions in damages, including a $5.2 billion verdict in one case. This reflected the severity of consumer harm caused by its negligence.
