Tag: energy drinks
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Red Bull Drinker Claims Product No Stronger Than Coffee
A New York resident has filed a putative nationwide class action against the company that makes Red Bull energy drinks, alleging that the product does not, as advertised, “give you wings,” that is, provide more benefit than a cup of coffee. Careathers v. Red Bull GMBH, No. 12-369 (S.D.N.Y., filed January 16, 2013). According to…
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Senators Call on Energy Drink Makers to Answer Questions About Products
Democratic U.S. Sens. Edward Markey (Mass.), Richard Durbin (Ill.) and Richard Blumenthal (Conn.) have issued letters to 14 energy drink companies, including Red Bull, Pepsi Co. Inc. and Monster Energy, seeking answers to more than a dozen questions. Responses are requested by February 1, 2013. Noting that the Food and Drug Administration (FDA) is investigating…
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JAMA Commentaries Focus on Energy Drinks
The Journal of the American Medical Association (JAMA) recently highlighted energy drinks in its December 19, 2012, online issue, where two commentaries discussed caffeine-related adverse events and the risks of mixing energy drinks with alcohol. Authored by Memorial Sloan Kettering Cancer Center infectious disease specialist Kent Sepkowitz, the first viewpoint article notes that “the swift…
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NAD to Investigate 5-Hour Energy® Claims Highlighted in NYT Report
The Council of Better Business Bureaus’ National Advertising Division (NAD) has reportedly decided to review “no crash later” claims made by Living Essentials LLC about its caffeinated energy supplement 5-Hour Energy® after The New York Times published a January 2, 2013, article questioning the scientific evidence behind such assertions. According to media sources, NAD ruled in…
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Health Canada Reclassifies Energy Drinks, Caps Caffeine Content
New Canadian regulations that took effect January 1, 2013, have reclassified energy drinks as food instead of natural health products and capped their caffeine content at 180 mg per serving. First proposed in 2011, the regulations aim to address concerns that consumers imbibing such beverages could exceed the maximum caffeine intake levels recommended by Health…
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Putative Class Claims Monster Beverage Targets Youth and Miscategorizes Energy Drinks
A plaintiff who claims he began consuming Monster Beverage energy drinks as a teenager, because he was offered free beverages from a truck parked outside his high school, has filed a putative nationwide consumer-fraud class action against the company in a California federal court. Fisher v. Monster Beverage Corp., No. 12-02188 (C.D. Cal., filed December…
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Malicious Prosecution Suit Filed Against Attorneys by 5-Hour Energy® Company May Proceed
In an unpublished decision, a California appeals court has determined thatInnovation Ventures, LLC, the parent company which makes 5-Hour Energy®, may proceed with a malicious prosecution action against Howard Rubinstein and other consumer-fraud attorneys in connection with a putative class action filed against the company in 2010 on behalf of a woman, Vi Nguyen, whose…
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Markey Requests FTC Investigation of Energy Drink Claims
U.S. Rep. Edward Markey (D-Mass.) has written a November 30, 2012, letter to Federal Trade Commission (FTC) Chair Jon Leibowitz asking the agency to investigate advertising claims made by energy-drink manufacturers. Alarmed by recent media reports allegedly linking products such as 5-Hour Energy® to consumer deaths, Markey notes that many energy drinks “are sold as…