Recalled Bottled Water Blamed for Man’s Death in New Lawsuit

A new lawsuit has been filed against affinitylifestyles.com, the company behind Real Water, a brand of bottled water that was recalled in 2021 after the U.S. Food and Drug Administration (FDA) was notified of cases of acute liver failure allegedly associated with its consumption.

Newsweek reached out to Bradley Johnson, the attorney representing Real Water, by phone for comment.

Why It Matters

Numerous lawsuits have been filed against the company in the years since it was recalled, with the product still being offered at some retail stores despite the recall being classified as a Class 1, the most serious of FDA recalls in which there is risk of serious health impacts or death.

One of the lawsuits against the company resulted in a $3 billion court ruling. Five children and three adults sued Real Water, a Nevada-based water company, alleging that the company’s alkaline water contained a toxic chemical known as hydrazine that ultimately led to liver damage for all plaintiffs.

The children’s ages range from 7 months to 5 years and, according to the plaintiffs’ lead attorney Will Kemp, they had to be flown to a children’s hospital in Salt Lake City, Utah, in the fall of 2020 for potential liver transplants that never came to fruition, Newsweek previously reported.

What to Know

On February 28, Kemp filed another lawsuit against affinitylawsuits.com, 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 was the founder of 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 present 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.

In the years since Real Water was recalled, the product has been found available for purchase at various outlets. During the summer of 2024, Newsweek was successfully able to order the water and have 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.

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,” the lawsuit said.

Hurst’s cause of death was identified as end-stage liver disease, the Las Vegas Review-Journal reported.

What People Are Saying

New lawsuit filed against Real Water: “As a result of consuming toxic Real Water, [Hurst] suffered catastrophic personal injuries, including severe liver injuries and death.”

Milo’s Cellar in a post on Facebook a day after Hurst’s death: “It is with sadness today that we share that our founder and namesake Milo Hurst passed away peacefully yesterday at 2 p.m. surrounded by a few friends and family. He was an icon in Boulder City and his vision, humor and dedication will be missed. Please join us today and raise a glass of cheers for our friend Milo!”

What Happens Next

The lawsuit asks for compensatory and punitive damages, as well as pre- and post-judgment interest, all attorney fees and costs and any other relief deemed appropriate by the court.

The lawsuit also demands a jury trial.