The complaint claims "blatant misrepresentation on the part of numerous parties, which manufactured, marketed, and sold a product to the general public under false pretenses, and with false labeling."
The complaint states that in late 2010 third-party laboratory tests of NCD showed only an average of 150 mg of zeolite per bottle, while the label stated each bottle contained 2400 mg. In other words, the product was mostly water. One of the plaintiffs showed the test results to Waiora management and asked for an explanation, but Waiora stood by the label claim. However, the suit also says that Waiora switched to a new manufacturer for the product shortly thereafter, and the NCD sold since the switch in October has a different consistency, taste and color from the earlier version.
Defendants named include Waiora President/CEO Stan Cherelstein, co-founder Norwood "Eddie" Stone, and Chief Science Officer Erik "Rik" Deitsch.
The case is Penney et al. v. Waiora LLC et al., case number 9:12-cv-80064, in the U.S. District Court for the Southern District of Florida.
