Prime Energy Drink Lawsuit Claims ‘Misbranded’ Drinks Contain More Caffeine Than Advertised
Last Updated on April 25, 2024
Vera v. Prime Hydration LLC
Filed: April 8, 2024 ◆§ 1:24-cv-02657
A new proposed class action lawsuit alleges Prime Energy drinks contain more than the advertised amount of 200 mg of caffeine stated on each can.
A new proposed class action lawsuit alleges Prime Energy drinks contain more than the advertised amount of 200 mg of caffeine stated on each can.
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The 18-page Prime Energy Drink lawsuit says that although the popular beverages are touted as containing 200 mg per 12-ounce can, testing commissioned by the plaintiff’s attorneys has revealed that each can contains between 215 and 225 mg of caffeine.
According to the suit, defendant Prime Hydration LLC, a company created by YouTube personalities Logan Paul and KSI, has falsely, deceptively and misleadingly labeled cans of Prime Energy under state and federal regulations and has misled consumers by introducing a misbranded food iteminto the stream of commerce.
The filing notes that Prime Energy drinks have generated controversy due to their advertising campaign, which critics have said targets children and young people who are more susceptible to the dangers of caffeine consumption. According to the complaint, several countries and school districts have banned or restricted Prime Energy drinks because the products’ caffeine content exceeds legal limits or is otherwise deemed unsafe for children.
The suit stresses that there is “no proven safe dose of caffeine for children,” who may experience heartbeat irregularities, headaches, seizures, stomach issues and adverse emotional or mental effects as a result of caffeine consumption.
“In contrast to a 12-ounce can of Red Bull energy drink, which contains 114 milligrams of caffeine, or a cup of coffee, which contains around 100 milligrams of caffeine, the Products are labeled and advertised to contain 200 milligrams of caffeine per 12-ounce can. This is the equivalent to about half a dozen Coke cans or nearly two Red Bulls.”
As the lawsuit tells it, Prime Energy drinks are marketed nationwide in a “systematically misleading manner,” namely in that they are misrepresented as having only 200 mg of caffeine.
Prime Hydration pulled in $45 million in Prime Energy drink sales in 2023 alone, the case states.
The lawsuit looks to cover all persons in the United States who bought any Prime Energy drinks, including the flavors Prime Energy Blue Raspberry, Prime Energy Ice Pop, Prime Energy Lemon Lime, Prime Energy Orange Mango, Prime Energy Strawberry Watermelon, and Prime Energy Tropical Punch, within the applicable statute of limitations period.
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