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Advertising Law Updates

| 1 minute read

If You Put It In Water, They Will Come

An Illinois plaintiff has filed a class action complaint against VitaJuwel USA, maker of "Gem Water." Plaintiff claims that she bought the $120 glass bottle that contains various semi-precious and other stones because of defendant's representations that the bottle increases the pH and dissolved oxygen of water stored in it. However, plaintiff alleges, not only do the bottles fail to perform these functions, but "there is not even any scientific basis for these claims given that the 'gem' stones are hermetically sealed within a glass capsule that completely prevents any contact between the stones and the water being poured in."

At least the bottles look pretty.  

The same cannot be said for Hot Dog Water, recently sold at a Vancouver festival.  According to an article in AdAge, "[i]ts health benefits ostensibly included increased brain function and vitality, weight loss, and a younger physique. It was also touted as gluten-free, Keto diet-compatible, and a great source of electrolytes (and sodium). All for $37.99 a bottle." However, as the article goes on to explain, that product was a joke or, rather, a performance piece. Careful potential buyers could read the small print to discover that "Hot Dog Water in its absurdity hopes to encourage critical thinking related to product marketing and the significant role it can play in our purchasing choices."

Forgive me for thinking that perhaps the makers of GemWater are also engaged in performance art and that the retailers that carry the product are part of the show. But, no, it appears that this is an entirely serious product, which means that the company will likely have to substantiate its health claims in court. The "who could possibly believe this?" response is not usually a good defense to a false advertising claim.  

We all know that proper hydration is immensely important to keeping our bodies functioning at the highest potential, so a healthy water habit is a must. But we're talking transformation here! The energy of the gems actually restores the crystal structure to a quality comparable to water straight from a natural spring while also boosting the water's alkalinity (pH level) and increasing its oxygen content. That means greater support for glowing skin, stronger hair & nails, and a healthy immune system.

Tags

gemwater, class action, false advertising