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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 legal career in Cheyenne, Wyoming as a law clerk for the district court judges. Mr. Hutchins then entered private practice with a Wyoming based litigation and business law firm. 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 municipal law. The State of Wyoming hired Mr. Hutchins from Alaska to represent the State of Wyoming in the national tobacco arbitration and act as its tobacco settlement attorney. While in that position, as a hobby, he developed an enforcement unit for consumer protection for Wyoming residents. Mr. Hutchins moved to Colorado in 2016 and founded Harmony Law, LLC. Harmony Law is primarily engaged in civil litigation. It is also a general practice firm in the areas of business law, estate planning, consumer law and family law. Harmony Law is active in all state and federal courts throughout Wyoming and Colorado.

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