A proposed class action lawsuit recently removed to federal court in Illinois lays out one consumer’s allegations that defendant VitaJuwel USA, Inc.’s “Gem Water” bottles are falsely advertised. According to the lawsuit, the water bottles, which contain stones hermetically encased in a “separate, smaller solid glass container,” do not live up to claims that they can increase the pH and amount of dissolved oxygen of water poured into the bottles. The reason, the case explains, is that the stones—some of which are semi-precious—never actually come into contact with the water itself.
Gem Water bottles are advertised by the defendant as being able to increase the pH of any water poured inside from 7.87 to 8.02, the complaint says. The defendants further claim “Gem Water” bottles can “increase the level of dissolved oxygen” of water from 9.90 percent to 10.04 percent. The plaintiff charges that these claims have no basis in reality and are resolutely false:
“In fact, not only do [the defendant’s] ‘Gem Water’ bottles fail to increase the pH and amount of dissolved oxygen in any water poured in the bottles, but there is not even any sound 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.”
VitaJuwel’s representations of its “Gem Water” bottles are deceptive to consumers, who shell out $120 for the defendant’s product, the case claims.