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By Anna Skinner
Associate News Editor
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A court case is underway in Nevada this week with the plaintiffs seeking damages from Real Water, a bottled water brand recalled in 2021, as another lawsuit alleging death and severe injuries from consuming the water was recently filed.
Newsweek reached out to Bradley Johnson, the attorney representing Real Water, by phone for comment.
Why It Matters
Real Water was recalled in March 2021 after it was "linked to certain instances of non-viral hepatitis" in 2020 in Las Vegas, a recall page through the U.S. Food and Drug Administration said. The recall was classified as Class 1, the most serious of FDA recalls, in which there is a risk of serious health impacts or death.
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Numerous lawsuits have been filed against the company in the years since it was recalled, alleging that the company's alkaline water contained a toxic chemical known as hydrazine, which is used in rocket fuel, that led to severe illness and sometimes death when consumed.
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What To Know
Courts have already awarded billions of dollars to plaintiffs in two separate lawsuits related to injuries from consuming the water.
Last June, $3 billion was awarded to five children and three adults who sued Real Water, a Nevada-based water company, alleging that consuming the water led to liver damage for all plaintiffs.
In October, another jury awarded $5 billion to 15 plaintiffs represented by attorney William Kemp. At the time, Kemp said he represented 62 plaintiffs across multiple lawsuits involving Real Water, the Las Vegas Review-Journal reported.
This week, arguments began in another lawsuit naming Real Water as the defendant. Thirteen plaintiffs, 11 of whom are represented by Kemp, are seeking damages from Real Water.
On February 28, Kemp filed another lawsuit against affinitylifestyles.com, the company behind Real Water, on behalf of the estate of Milo Hurst, a 71-year-old man who died from "serious and catastrophic personal injuries, including severe liver injuries" on November 22, 2024.
Hurst founded Milo's Cellar, a wine bar and restaurant in Boulder City, Nevada. The restaurant closed after Hurst's death.
The lawsuit, obtained by Newsweek, argues that if Hurst had been aware of the toxic chemical in the water, he would not have purchased it. Last summer, Hurst read an article about the recalled water and connected it to his symptoms, the lawsuit said.
While it was being sold, Real Water alleged it was "the healthiest drinking water
available today," according to the lawsuit.
Despite the recall, Real Water is still occasionally available for sale across the nation. Last summer, Newsweek successfully ordered the water and had it delivered from a website for South Carolina-based Caliber Grocers.
In September 2024, Newsweek discovered the brand was sold at Robert Burns Wines in Beverly Hills, California. At the time, Real Alkalized Water in the 1-liter size was listed for $2.50 on the wine store's website.
What People Are Saying
The recently filed lawsuit alleged that consumption of the water has resulted in "one death, one emergency brain surgery, miscarriages, multiple Flights for Life to several out-of-state liver transplant medical centers, multiple aborted liver transplant initiations and hospitalizations of over four dozen victims in intensive care units."
Bradley Johnson, the attorney representing Real Water, in opening statements this week: "There are no plaintiffs in this case that are puppies. No plaintiffs in this case who are babies. There's no defendants who are Nazis or Russians or silly, unknown, mystical creatures."
What Happens Next
Kemp told Newsweek he expects a verdict from the ongoing trial by the end of next week. The recently filed lawsuit demands a jury trial. Real Water has filed for bankruptcy, the Las Vegas Review-Journal reported.
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