Waiora agreed to a $12 million settlement in a consumer fraud class action lawsuit over its Natural Cellular Defense (NCD) supplement. The suit, filed in January 2012 in a US Federal Court in Florida, alleged the product contained little more than water despite claims of potent mineral content.
Waiora marketed Natural Cellular Defense as "the only choice when it comes to removing heavy metals and toxins from your system." The company described NCD as "the cleanest and purest on the market," calling it "the most effective zeolite on the planet." Promotional materials also stated the product was "natural, full strength, always safe," and "never watered down."
The lawsuit accused Waiora of fraud and negligence. It claimed the company, along with its manufacturing and research partners, failed to ensure the zeolite amounts on the label matched bottle contents. Plaintiffs alleged NCD contained less than 10 percent of the promised minerals from 2004 to September 2011.
This alleged deception was called "a negligent or intentionally fraudulent escapade of gross magnitude." Plaintiffs stated it "robbed innocent people looking for ways to improve their health." The suit highlighted that Waiora allegedly targeted "gravely ill" consumers, selling the product for over $50 per 15-milliliter bottle.
A 2010 third-party analysis formed the basis of the suit. It found that bottles advertised to contain 2,400 milligrams of zeolite actually held closer to 150 mg. The missing 2,250 mg of zeolite was simply water. A second independent lab later performed another analysis, finding an even lower amount of zeolite in the NCD product.
Waiora initially dismissed these lab results, maintaining the accuracy of its printed ingredient information. But shortly after these findings were presented, the company quietly switched to a new manufacturer for the supplement. This change occurred in October.
Since the manufacturer switch, the class claims NCD has had a different consistency, taste, and color compared to the earlier version. The complaint also raised concerns about Waiora's marketing of the supplement as an effective treatment for conditions like autism and cancer. The US Food and Drug Administration had not evaluated any of Waiora's products for these claims.
The fourteen-month court case concluded late last month with the out-of-court settlement, requiring Waiora to pay $12 million.