Five People Suffered Liver Damage After Drinking Las Vegas-Based Company’s Bottled Water
LAS VEGAS — In a significant legal victory, a Nevada jury has awarded approximately $130 million in damages to five individuals who suffered liver damage after consuming bottled water marketed by a Las Vegas-based company. The product in question was later recalled from store shelves in 2021. This verdict marks the second substantial award in a negligence and product liability case involving AffinityLifestyles.com Inc. and its Real Water brand. The jury granted more than $30 million in compensatory damages and an additional $100 million in punitive damages.
Pursuing Quality Assurance in the Food and Beverage Industry
The Clark County District Court jury’s decision sends a powerful message to food and beverage manufacturers. Will Kemp, the lawyer representing the plaintiffs in both trials, stated that they want to emphasize the importance of commitment to quality assurance. The case against AffinityLifestyles.com Inc. is not isolated, as several more negligence and product liability lawsuits are still pending, including one scheduled to commence in May. These cases involve the diagnosis of liver damage in six children, aged between 7 months and 11 years old at the time.
Bankruptcy and Settlements
AffinityLifestyles.com Inc., led by former Republican state Assembly member Brent Jones, is facing dire financial circumstances. Jones has declared bankruptcy and relocated out of state. Whole Foods Market, Costco Wholesale, Hanna Instruments, Milwaukee Instruments, and Terrible Herbst all reached confidential settlements before the trial took place. However, the convenience store chain Terrible Herbst reached its settlement during the trial.
The Unintentional Negligence Argument
At the trial, Real Water attorney Joel Odou contended that the company displayed unintentional negligence rather than recklessness. According to the Las Vegas Review-Journal, Odou claimed that the company was unaware of the presence of hydrazine, a chemical used in rocket fuel, in the water. Furthermore, the company did not know to conduct tests specifically for this substance.
Water Quality and Safety Standards
The water used by AffinityLifestyles.com Inc. came from the Las Vegas-area public supply, primarily sourced from the Lake Mead reservoir behind the Hoover Dam on the Colorado River. The Southern Nevada Water Authority, the region’s primary public supplier, stated that they monitor and test for 166 potential contaminants, excluding hydrazine. Bronson Mack, a spokesman for the authority, clarified that they were not defendants in the lawsuits and assured that the municipal water supply meets or exceeds all federal Safe Drinking Water Act standards.
Affected Regions and Product Distribution
Real Water was available for sale for at least eight years, with its primary market being Central and Southern California, Las Vegas, Phoenix, and Utah. The product was also heavily promoted on social media and sold online. In March 2021, both the U.S. Food and Drug Administration and the Clark County Health District issued public warnings, urging consumers to avoid drinking or using Real Water. Subsequently, these regulatory bodies mandated the removal of the product from store shelves.
