Remember Divinia Water, the “ultra-premium” bottled water promising “healing vibrations” and a “quantum leap in hydration”? Well, its story took a turn as murky as the water itself, landing the company in a legal quagmire. What exactly went down? Let’s dive in.
Divinia’s claims were audacious, to say the least. They touted their water as sourced from a “glacial aquifer” in Idaho, infused with “sacred geometry” and “powerful frequencies.” Sounds like something out of a New Age watercooler, right? But for some, it was enough to shell out $37 a bottle.
However, the claims soon attracted the attention of the U.S. Food and Drug Administration (FDA). They weren’t impressed by the “healing vibrations” spiel, deeming it unproven and potentially misleading. Divinia, facing potential regulatory action, decided to take a different route: bankruptcy.
In 2021, Divinia filed for Chapter 5 bankruptcy, essentially throwing in the towel. This move, however, didn’t wash away their legal troubles. A separate lawsuit emerged, involving their directors and officers (D&Os) and their insurance company. The D&Os sought coverage for legal fees incurred during the FDA investigation, claiming it fell under their insurance policy. The insurance company, naturally, disagreed.
The ensuing legal battle centered around the interpretation of the D&O policy’s terms. Did the investigation fall under the policy’s scope, even though Divinia’s claims were deemed questionable by the FDA? The court ultimately ruled in favor of the insurance company, leaving the D&Os on the hook for their legal fees.
So, what does this mean for the future of Divinia Water? Well, the company is pretty much kaput. Their website is down, their social media silent, and their “healing vibrations” seem to have fizzled out. As for the lawsuit, it serves as a cautionary tale for companies making dubious claims about their products. The FDA, and the courts, are no fans of snake oil salesmen, even if they’re peddling fancy water.
FAQs:
Q: Can I still buy Divinia Water?
A: No, Divinia Water is no longer available for purchase. The company filed for bankruptcy and ceased operations.
Q: Did Divinia Water really have “healing vibrations”?
A: The FDA found no evidence to support Divinia’s claims about the water’s “healing vibrations” or its purported health benefits.
Q: Who won the lawsuit against Divinia Water?
A: The lawsuit was between Divinia Water’s directors and officers and their insurance company. The insurance company won the case, leaving the D&Os responsible for their legal fees.
Q: What happened to Divinia Water’s founders?
A: The information about the founders’ current whereabouts is not publicly available.
Q: Can I get a refund for my Divinia Water purchase?
A: If you purchased Divinia Water before the company filed for bankruptcy, you may be eligible for a refund through the bankruptcy court. However, the process is likely complex and uncertain.
Q: What does this mean for other companies making similar claims about their products?
A: Divinia Water’s lawsuit serves as a warning to companies making unsubstantiated claims about their products. The FDA and the courts take such claims seriously and may take legal action against companies found to be misleading consumers.
References:
Divinia Water, Inc. v. Clear Blue Specialty Ins. Co. (In re Divinia Water, Inc.), No. 21-40059-JMM (Casetext)
Memorandum of Decision, Divinia Water, Inc. v. Clear Blue Specialty Ins. Co., IDB Electronic Case Files (idb.uscourts.gov)
Divinia Water, Inc. Bankruptcy (4:21-bk-40059), Idaho Bankruptcy Court (PacerMonitor)
Remember, before you invest in any “miracle” product, do your research and approach any claims with a healthy dose of skepticism. And if you ever find yourself in a situation like Divinia Water’s, consult with a legal professional for guidance.
