Gem Water Bottle Class Action Alleges False Advertising

Vitajuwel is facing a class action lawsuit alleging their popular high-end Gem Water bottles are falsely advertised as being able to increase the pH or amount of dissolved oxygen in water poured into the glass bottles.

Plaintiff Anna Ashkinazi filed the Gem Water bottle class action lawsuit in Illinois federal court last month, claiming Vitajuwel has no scientific evidence of the purported benefits it touts with its Gem Water bottles. Ashkinazi says that she purchased a Gem Water bottle at Neiman Marcus for $120 in January 2018, mainly because she believed the product would significantly increase the pH from 7.87 to 8.02 and dissolved oxygen content of any water poured into the bottle as advertised.

Gem Water bottles are sold nationwide on Amazon, high end retailers such as Bloomingdales, Nordstrom, and Neiman Marcus, as well as spas, and specialty stores. The bottles retail from $78 to $120 and online customers can filter by 26 different gemstones available from Amethyst, Black Tourmaline, Emerald, Garnet, Jade, Rose Quartz, to name a few. Customer can also pick pre-blended Gem Water Bottles based on their goals: Wellness, Balance, Fitness, Love, Beauty etc. Each of these bottles contain specific combination of gems.

According to Vitajuwel’s advertising, a Gem Water bottle “can transform the quality of everyday tap water with the vibrational energy of gems in our reusable, lead-free glass bottles…”. Each bottle contains inside of it various stones, including some semi-precious stones, that are “hermetically” encased in a separate, smaller solid glass container such that the stones never actually come in contact with any of the water in the Gem Water bottle itself. But the complaint contends there is no actual scientific evidence to back up these purported benefits.

However, Ashkinazi says she and thousands of other health and environmentally-conscious consumers would not have purchased the premium-priced Gem Water bottles had they known the product could not and would not increase the pH or dissolved oxygen of any water poured into the reusable glass bottle.

“In fact, not only do Defendant’s ‘Gem Water’ bottles fail to increase the pH and amount of dissolved oxygen in any water poured into the bottles, but there is not even any sound scientific basis for these claims given that the ‘gem’ stones are hermetically sealed within a class capsule that completely prevents any contact between the stones and the water being poured in,” the Gem Water Bottle class action lawsuit contends.

Ashkinazi is seeking to represent a proposed class of Illinois individual consumers who purchased Gem Water bottles. She is asking the court to award damages, restitution, and an injunctive order prohibiting Vitajuwel from falsely advertising the benefits of Gem Water bottles.

Ashkinazi is represented by Yevgeniy “Eugene” I. Turin, Sr.

The Gem Water Bottle Class Action Lawsuit is Anna Ashkinazi v. VitaJuwel USA Inc., Case No. 2018­-ch-­07777, in the Circuit Court of Cook County, Illinois.

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