Hunter Brown vs. Affinitylifestylescom Inc.

Case Background

On March 25, 2021, Plaintiff Hunter Brown and others filed a Product Liability lawsuit in the Nevada District Court, Clark County (A-21-831776). Judge Timothy C. Williams presided over the case.

Cause

The Real Water lawsuit centers on the company’s alkaline water manufacturing process, which followed a three-step purification method. First, Real Water ran municipal water through an ionization machine to produce purified water with total dissolved solids no greater than ten parts per million. Next, they added concentrate with specific alkaline minerals to enhance the water. Finally, they used an ORP meter to test and adjust concentrate levels. The company operated manufacturing facilities in Las Vegas, Henderson, and Mesa.

At its Henderson facility, Real Water used an aging AMPAC US ionization machine (Alkaline Water Reverse Osmosis AP 3000-LX-ALK), produced in October 2013. The Real Water lawsuit involves their distribution practices, as they sold bottled water through major retailers such as Sprouts, Whole Foods, Walgreens, Costco, and Amazon. Despite sourcing water with a natural alkaline pH of 7.8 from SNWA, Real Water marketed their products with claims of “enhanced negative ions,” potentially misleading consumers about the water’s unique benefits.

Injuries

The contaminated water caused severe liver damage to multiple plaintiffs, including Pamela Brown, Hunter Brown, Karla Moreno, Adir Ittah, and Steven Wadkins, leading to the Real Water lawsuit. Exposure to toxins in Real Water’s products required ongoing medical monitoring and evaluation to assess and manage the plaintiffs’ health conditions. Plaintiffs suffered permanent health consequences that necessitated continuous medical care, with compromised liver function impacting their quality of life and ability to work.

Damages

Plaintiffs in the Real Water lawsuit incurred significant financial losses exceeding $15,000 across multiple categories. They faced growing present and future medical expenses from their liver damage and associated health complications. Their permanent injuries created long-term healthcare costs and diminished their earning capacity. Plaintiffs required extensive monitoring and testing to track their conditions, as well as additional care services. They also incurred considerable legal fees and costs to pursue the Real Water lawsuit. Plaintiffs sought punitive damages, arguing that Real Water showed a conscious disregard for consumer safety.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Hunter Brown | Pamela Brown | Karla Moreno | Yaniv Ittah, as Special Administrator of the Estate of Adir Ittah | Estate of Adir Ittah | Monica Branch Noto | Steven Wadkins
    • Counsel for Plaintiff: William Kemp | Theodore Parker

 

  • Defendant(s):com, Inc., a Nevada corporation, d/b/a Real Water | Real Water Inc., a Delaware corporation | Hanna Instruments, Inc., a Rhode Island corporation | Milwaukee Instruments, Inc., a North Carolina corporation | Hanna Instruments SRL, a foreign company | Hanna Instruments Romania SRL, a foreign company | Dosing Pumps Unit SRL, a foreign company | SID US, Inc., a Delaware corporation | Scientific International Development International Inc., a Delaware corporation | SFM LLC, d/b/a Sprouts Farmers Markets, a Delaware limited liability company | Sunflower Farmers Markets LLC, d/b/a Sprouts Farmers Markets, a foreign limited liability company | SF Markets, LLC, d/b/a Sprouts Farmers Markets, a Delaware limited liability company | KeHE Distributors of Nevada, LLC, a Nevada limited liability company | United Natural Foods West, Inc., a California corporation | WFM Southern Nevada, Inc., d/b/a Whole Foods, a Delaware corporation \ Albertson’s LLC, a Delaware limited liability company | Nevada Beverage Co., a Nevada corporation
    • Counsel for Defendants: Joel Odou | Jack P. Burden | Jeremy R. Alberts

 Claims

Plaintiffs filed several causes of action in the Real Water lawsuit against Real Water and related defendants, based on various legal theories:

Strict Liability: Failure to Warn

Real Water manufactured and sold bottled water with dangerous toxin levels without adequate consumer warnings. This failure to warn allegedly led to the plaintiffs’ injuries, as they might have taken precautions had they been properly informed.

Breach of Implied Warranty: Merchantability

Real Water violated Nevada Law NRS 104.2314 by selling toxic bottled water, which breached the implied warranty that its products were safe for consumption, causing severe health issues for plaintiffs.

Negligence Per Se: Adulterated Product

Real Water violated Nevada statutes NRS 585.300, 585.310, 585.320, and 585.520 by manufacturing and selling water products containing harmful substances. These violations allegedly directly caused the plaintiffs’ injuries.

Negligence

Real Water breached its duty of care in designing, manufacturing, testing, labeling, distributing, and marketing its water products. This negligence led to severe liver damage and ongoing health complications for the plaintiffs.

Strict Liability:

Unreasonably Dangerous Product – Real Water’s products contained elevated toxin levels, making them unsafe for consumption. Safer alternatives existed, yet were not used.

ORP Equipment Claims

Plaintiffs also filed claims against ORP meter manufacturers, Hanna Instruments and Milwaukee Instruments, in the Real Water lawsuit. Plaintiffs alleged the equipment manufacturers failed to provide adequate maintenance schedules, calibration requirements, and replacement intervals, contributing to toxic water production.

Defense

The Real Water lawsuit defense presented several arguments:

Product Safety Compliance

Real Water contended its manufacturing process adhered to industry standards for alkaline water production. They argued their three-step purification method met regulatory standards, citing quality control procedures like ORP metering and mineral concentration testing. Real Water claimed their bottled water underwent regular testing before retail distribution.

Warning Adequacy

The defendants argued they provided sufficient warnings and information on their product labels and marketing materials. Real Water claimed that their product labels adequately disclosed mineral content and processing methods, contending that any consumer health issues were not due to labeling deficiencies.

Causation Challenges

The defense contested the causal link between Real Water’s bottled products and the plaintiffs’ liver damage, suggesting other factors or pre-existing conditions could have contributed. They argued that plaintiffs lacked scientific evidence conclusively tying Real Water’s products to liver injuries.

Equipment Manufacturer Defense

ORP meter manufacturers defended their products’ reliability, claiming they provided sufficient usage instructions. They argued that any equipment issues arose from improper maintenance, not product defects.

Compliance with State Regulations

Real Water asserted compliance with Nevada regulations (NRS 585) for food and beverage production. The company cited regular inspections and quality testing as evidence that their water products met state safety standards.

Alternative Causation

The defense proposed other potential sources for the elevated toxin levels, questioning whether environmental or distribution chain issues might have affected product quality.

Jury Verdict

On October 23, 2024, the jury delivered the following verdicts in the Real Water lawsuit:

Present Damages for Physical/Mental Pain, Suffering & Loss of Enjoyment:

  • Trevor Abela: $7,500,000
  • Monica Branch-Noto: $6,000,000
  • Hunter Brown: $5,000,000
  • Pamela Brown: $4,000,000
  • Tiquione Henry: $80,000,000
  • The Estate of Adel Irish: $5,000,000
  • Vincent Liska: $5,000,000
  • Gary Maynard: $7,500,000
  • Karla Monroe: $5,000,000
  • Lorraine Morris: $6,000,000
  • Cheri Rasmussen: $5,000,000
  • Daniel Taylor: $5,000,000
  • Steven Wadkins: $5,000,000
  • Daisy Wei: $8,000,000
  • Brandi Wren: $5,000,000

Future Damages for Physical/Mental Pain, Suffering & Loss of Enjoyment:

  • Trevor Abela: $7,500,000
  • Monica Branch-Noto: $6,000,000
  • Hunter Brown: $5,000,000
  • Pamela Brown: $4,000,000
  • Tiquione Henry: $80,000,000
  • Vincent Liska: $5,000,000
  • Gary Maynard: $7,500,000
  • Karla Monroe: $5,000,000
  • Lorraine Morris: $6,000,000
  • Cheri Rasmussen: $5,500,000
  • Daniel Taylor: $5,000,000
  • Steven Wadkins: $5,000,000
  • Daisy Wei: $8,000,000
  • Brandi Wren: $5,000,000

Additional Damages:

  • Loss of Life Damages for Tiquione Henry: $35,000,000
  • Punitive Damages: $5,000,000,000

Total Calculation:

  • Present Damages: $158,000,000
  • Future Damages: $154,500,000
  • Loss of Life Damages: $35,000,000
  • Punitive Damages: $5,000,000,000

TOTAL VERDICT: $5,347,500,000 ($5.3475 billion)

Court Documents:

Available Upon Request