Tag: energy drinks
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Court Denies Red Bull’s Motion to Dismiss $60 Million Wrongful Death Suit
Red Bull North America lost its motion to dismiss a $60-million wrongful death lawsuit involving a man who drank four cans of the energy drink every day for five years. Lemley v. Red Bull N. Am., No. 17-33 (S.D. Ga., order entered May 16, 2017). The suit alleges that reports dating back to 2000 show…
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Rockstar Underfilled Coffee Drink Cans, Plaintiff Alleges
Energy-drink company Rockstar faces a putative class action alleging the company underfilled cans of its coffee drinks, giving the company an unfair competitive advantage and shortchanging consumers. Podawiltz v. Rockstar, Inc., No. 17-0477 (D. Ore., filed March 26, 2017). The plaintiff claims he bought several cans of Rockstar’s coffee drinks labeled “15 fl oz [473…
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Counterfeiters of 5-Hour Energy Convicted
Two people have been convicted of conspiracy in charges related to a scheme to distribute counterfeit 5-Hour Energy drinks. United States v. Shayota, No. 15-0264 (N.D. Cal., verdict entered November 28, 2016). The couple, Joseph and Adriana Shayota, produced several million bottles of a drink manufactured under unsanitary conditions and labeled the drink with 5-Hour…
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CDC Issues Latest Numbers on SSB Consumption
The Centers for Disease Control and Prevention (CDC) has released the latest statistics on sugar-sweetened beverage (SSB) consumption in 23 states and the District of Columbia, concluding that, in 2013, approximately 30 percent of surveyed adults reported drinking at least one SSB per day. Sohyun Park, et al., “Prevalence of Sugar-Sweetened Beverage Intake Among Adults—23…
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EFSA Finalizes Caffeine Risk Assessment
The European Food Safety Authority (EFSA) has published its final caffeine risk assessment, concluding that “single doses of caffeine up to 200 mg” and “habitual caffeine consumption up to 400 mg per day does not give rise to safety concerns for non-pregnant adults.” Following a two-month consultation, the EFSA Panel on Dietetic Products, Nutrition and…
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Red Bull False Advertising Settlement Approved
A New York federal court has reportedly approved an agreement between Red Bull GmbH and a class of consumers, settling allegations that Red Bull falsely advertised its product as providing more benefit than coffee provides. Careathers v. Red Bull N. Am. Inc., No. 13-0369 (S.D.N.Y., order entered May 1, 2015); Wolf v. Red Bull GmbH,…
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Denied Certification, Energy Drink Plaintiffs Settle for Cost of One Product
Two plaintiffs who alleged that Vital Pharmaceuticals Inc. conceals the unsafe nature of its Redline® Xtreme energy drink have settled with the company for the approximate purchase price of a single product plus interest. Mirabella v. Vital Pharm., Inc., No. 12-62086 (U.S. Dist. Ct., S.D. Fla., joint stipulation and notice of settlement filed March 16, 2015).…
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Class of Energy Drink Consumers Not Identifiable, Florida Court Says
A Florida federal court has refused to certify a nationwide class in a case alleging that Vital Pharmaceuticals Inc. conceals the unsafe nature of its Redline® Xtreme energy drink. Mirabella v. Vital Pharm., Inc., No. 12-62086 (S.D. Fla., order entered February 27, 2015). Vital Pharmaceuticals argued that the class was unascertainable because it does not…