ST. LOUIS — Two Missouri residents have filed a class-action lawsuit against Waiakea Bottling, Waiakea Inc. and Sam’s Club, alleging that Waiakea Hawaiian Volcanic Water was contaminated and caused significant health issues.
The plaintiffs, Monya Ortega and Jon Evan Johnson, claim they became severely ill after drinking the water, which they bought from Sam’s Club, according to a complaint filed Oct. 17 in U.S. District Court for the Western District of Missouri.
Ortega and Johnson claim that their symptoms included nausea, stomach cramps and diarrhea, which worsened over time as they continued drinking the water, unaware it was contaminated.
"At various times during this period, [Johnson] became sick and nauseated after drinking the water, including stomach pain and diarrhea," the complaint states. "His sickness made him dehydrated, which in turn led him to drink more Waiakea water. He did not initially realize what was causing his sickness, thinking that perhaps he had food poisoning."
Customers began reporting visible particles in Waiakea’s water in 2023, prompting the FDA to investigate, according to the suit.
"To this day, both Plaintiffs experience a phobia related to drinking bottled water, and they inspect their water bottles thoroughly before drinking," the complaint states.
The FDA’s inspection, which ran from December 2023 to February 2024, led to a warning letter issued in August 2024.
This letter highlighted numerous violations, including unsanitary bottling conditions and the presence of bacteria and mold in samples.
Notable contaminants found included Pseudomonas aeruginosa, several species of mold and other potentially harmful bacteria.
The FDA warned Waiakea that these conditions violated federal health and safety regulations.
Waiakea responded by issuing a voluntary recall in November 2023 for several water shipments, but Ortega and Johnson argue that these shipments were not the only ones affected.
Ortega, after suffering extreme dehydration due to prolonged illness, discovered dark particles floating in an unopened bottle.
This prompted her to contact Waiakea, but the company allegedly downplayed her concerns, the complaint states.
The lawsuit further contends that Waiakea misrepresented the safety and purity of its water, marketing it as "Hawaiian Volcanic Water" and claiming it was processed under high standards.
The plaintiffs claim that Waiakea and Sam’s Club failed in their duty to provide safe products and warn customers about potential contamination.
As a result, they have incurred thousands of dollars in medical expenses, and both plaintiffs now suffer from anxiety about drinking bottled water.
"Waiakea knew at the time of sale that its water products were to be consumed, and Plaintiffs relied on Waiakea’s judgment to furnish safe and suitable goods," the complaint states. Waiakea impliedly warranted that its water was of merchantable quality and safe and fit for consumption. Waiakea breached its implied warranties because its water products were not of merchantable quality or fit for their ordinary purpose at the time of sale. The products were contaminated and unsafe."
The plaintiffs are seeking damages for physical and emotional suffering, lost wages and medical costs.
They also hope to represent a class of Missouri residents affected by Waiakea water purchased from 2023 to 2024.
The plaintiffs are represented by David B. Helms and Benjamin D. Mooneyham of GM Law.
Attorneys did not respond to requests for comments.
U.S. District Court for the Western District of Missouri case number: 4:24-cv-00676