Tag: energy drinks
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TTAB Rejects Energy Drink Maker’s Application for ‘Purple Rain’ Trademark
The U.S. Trademark Trial and Appeal Board (TTAB) has denied energy drink and dietary supplements manufacturer JHO Intellectual Property Holdings LLC’s bid to register the mark PURPLE RAIN in connection with its products. NPG Records, LLC v. JHO Intellectual Property Holdings LLC, No. 91269739 (T.T.A.B., entered August 23, 2022). JHO sought to register the mark…
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UK Opens Consultation on Health and Nutrition
The U.K. Cabinet Office has begun an open consultation on general health policies, including nutrition initiatives. The consultation includes an announcement that the government will ban the sale of energy drinks to children under 16, with the full policy to be announced “in our consultation response shortly.” The consultation response will also include details of…
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Red Bull Ad Makes Unauthorized Focus Claims, ASA Rules
The U.K. Advertising Standards Authority (ASA) has ruled that Red Bull Co. made unauthorized health claims about purported benefits of its energy drink on mental focus and concentration. The company’s subway advertisement featured cartoon women in an office setting with the text “The Secret to Finishing Early.” The ad referenced a consumer initiative encouraging workers…
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England May Ban Energy Drink Sales to Minors
England’s Department of Health and Social Care has opened a consultation on whether the country should ban the sale of energy drinks to children. The consultation requests comments on (i) “what products should be included in any restrictions,” (ii) “what age limit a ban should apply to,” (iii) “whether sales of energy drinks from vending machines…
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Energy Drinks Consumers Suggest Strategies to Reduce Youth Consumption
The Journal of Nutrition Education and Behavior has published a study in which youth aged 12-25 suggested strategies to reduce youth energy-drink consumption. Jacinta Francis, et al., “Informing Intervention Strategies to Reduce Energy Drink Consumption in Young People: Findings From Qualitative Research,” Journal of Nutrition Education and Behavior, October 2017. Researchers reportedly found that while…
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Red Bull Asserts Trademark Ownership of Sideways Bull Image
Red Bull GmbH has filed a notice of opposition with the Trademark Trial and Appeal Board (TTAB) alleging that a mark used by Bull By The Horns Fitness is too similar to its own name, mark and logo. Red Bull GmbH v. Bull By The Horns Fitness, No. 91236158 (TTAB, filed August 16, 2017). The…
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5-Hour Energy® Plaintiffs Denied Class Certification
A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-Hour Energy Mktg. and Sales Practices Litig., No. 13-2438 (C.D. Cal., order entered June 7, 2017).…
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Seattle Approves Tax on SSB Distributors
The Seattle City Council has approved a tax on distributors of sugar-sweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy and soft drinks as well as flavored syrups commonly used in coffee drinks. Baby formula, medications, weight-loss drinks, fruit juice and diet soft drinks are exempt from…