A Los Angeles County resident has filed a putative class action against the Austrian and British makers of “Oxygizer” water, claiming that the companies “falsely represent that through a patented process they are able to hyperoxygenate water and that consumption of Oxygizer leads to a number of purported beneficial health effects.” Ghazarian v. Oxy Beverages Handelsgesellschaft mbH, No. BC489773 (Cal. Super. Ct., filed August 7, 2012).

Noting that people cannot absorb oxygen through their digestive systems,
the plaintiff alleges that the defendants mislead consumers by falsely
claiming their beverage can aid athletic performance, transport oxygen to
every body cell, strengthen the immune system, and help office workers in
large cities make up oxygen deprivation. The companies purportedly claim
that scientific tests support their product representations and that their
water is patented; the plaintiff alleges that these claims are also false and
misleading. According to the plaintiff, the Federal Trade Commission has
brought successful actions against other companies making similar claims
about hyperoxygenated water products.

Seeking to represent a nationwide class of product purchasers, the plaintiff
alleges fraud, negligent misrepresentation and violation of the Business &
Professions Code (false statements and unfair business practices). The plaintiff
asks the court to require that the defendants change the name of the product
and cease making misrepresentations about its effects. Also sought are
special, general and punitive damages; restitution; attorney’s fees; and costs.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.