Colorado company settles with Iowa Attorney General

Posted by Clyde Hutchins | Nov 20, 2017 | 0 Comments

As I reported earlier this year, the Iowa Attorney General filed a complaint against Osmosis LLC and Harmonized Water LLC, a Colorado-based maker of "drinkable sunscreen." According to the Iowa Attorney General's allegations, the company made claims that its water had been treated with a device that changes the electrical energy in the water, thereby causing the water to have healthy benefits. The Iowa Attorney General claimed that the company could not substantiate its claims, a subject I have written about before. At the time, I predicted that the company would lose and be barred from selling its products in the State of Iowa.

My prediction came true. The company recently agreed to a settlement with the Iowa Attorney General. The consent order bars Osmosis LLC and Harmonized Water LLC, of Evergreen, and company owner Benjamin Taylor Johnson, from making product claims in Iowa that are not supported by competent and reliable scientific evidence. The company denied liability, but agreed to pay $70,000 which includes refunds to Iowa consumers and money to the state's consumer education and litigation fund. The company also agreed to refrain from selling its products in Iowa until March 24, 2018. If the company starts selling its products in Iowa again after that date, it will be required to ensure its marketing complies with the requirements of Iowa state law, which includes appropriate substantiation for any claims about the medical efficacy or health benefits of the product.

About the Author

Clyde Hutchins

Clyde Hutchins is the founder of Harmony Law. Mr. Hutchins started his career as a lawyer in Cheyenne, Wyoming. First gaining experience as a law clerk for the district court judges, Mr. Hutchins entered private practice with a Cheyenne firm focused on civil litigation, business law and some general practice law. Later, Mr. Hutchins went to Alaska, where he was the chief litigator for a firm that engaged in bond law, corporate law, securities law, and the broad reach of municipal law. Mr. Hutchins returned to Cheyenne to represent the State of Wyoming in the national tobacco arbitration. While in that position, he developed the consumer protection unit for the Wyoming Attorney General's Office. He led over 120 investigations and enforcement actions in Wyoming and worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado. Mr. Hutchins relocated to Colorado in 2016 and founded Harmony Law. Mr. Hutchins has established Harmony Law in three principal areas of law. First, it is a general practice firm in the areas of business law, estate planning and family law. Secondly, it is a civil litigation firm, practicing law in state and federal courts throughout Wyoming and Colorado. Finally, it is one of the few firms in Wyoming or Colorado that focuses on consumer protection law.


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