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. Prior to opening Harmony Law, Mr. Hutchins worked in the Wyoming Attorney General's Office for several years where he developed a strong consumer protection enforcement unit. In that position he led over 120 investigations and enforcement actions under the Consumer Protection Act. He worked on numerous joint cases with the Federal Trade Commission and other states, including Colorado, on consumer protection matters. Mr. Hutchins is also a contributing author to Consumer Protection Law Developments, Second Edition. Previous to his work in the Attorney General's Office, Mr. Hutchins was in private practice in Anchorage, Alaska where he was the chief litigator for a firm. Mr. Hutchins represented municipalities on various matters. Mr. Hutchins provided counsel to businesses and investment advisors regarding compliance with securities laws. He was also a bond lawyer and worked on municipal financing matters. Prior to that, Mr. Hutchins practiced civil litigation with a law firm in Cheyenne, Wyoming. Mr. Hutchins devotes his spare time to his family, traveling and enjoying the great outdoors.


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