A popular energy drink is packing more of a punch than consumers bargained for, and could even be dangerous for young buyers, a new lawsuit alleges.
At the center of the proposed class action lawsuit is the canned beverage Prime Energy, which has an advertised caffeine-level of 200mg, as stated on the can. That’s more than one Red Bull.
The problem, according to the lawsuit, is that the cans actually contain even more caffeine than the label declares. According to independent testing, the cans actually contain a whopping 215 - 225 mgs of caffeine, the lawsuit alleges.
“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,” the complaint states.
“This is the equivalent to about half a dozen Coke cans or nearly two Red Bulls.”
New York plaintiff Lara Vera filed the proposed class action lawsuit against the drinks’ maker — Prime Hydration LLC — on April 8 in a New York federal court, alleging false advertising and breaches of state and federal law.
Prime Hydration LLC was founded by Logan Paul and KSI, two YouTube personalities with a combined following of over 140 million subscribers, the lawsuit says.
It says the drinks have already courted controversy due to an ad campaign that critics say targets children and young people who are more easily harmed by high levels of caffeine. Several countries and school districts have even banned or restricted Prime Energy drinks because the listed caffeine content exceeds legal limits or is deemed unsafe for children, the lawsuit says.
Despite this, the company still raked in $250 million in retail sales worldwide in its first year, with $45 million in January 2023 alone, Vera says.
Vera states that there is “no proven safe dose of caffeine for children.” If children consume too much of the product, they may suffer from heartbeat irregularities, headaches, seizures, stomach issues and even emotional or mental issues, she says.
Prime Hydration is not the first company to face a lawsuit over high levels of caffeine. Restaurant chain Panera Bread has recently faced three separate lawsuits claiming the high levels of caffeine in its Charged Lemonade led to the death of two customers and irreversible health complications in another, CNN reports.
Both the wrongful death suits allege the lemonade does not clearly advertise or warn its high levels of caffeine to consumers. For context, a large-size Charged Lemonade, which comes in a 30-oz cup, reportedly contains up to 236 mg of caffeine.
Vera is looking to represent anyone 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.
She is seeking certification of the class action, damages, fees, costs and a jury trial.
The plaintiff and proposed class are represented by Siri & Glimstad LLP, Milberg Coleman Bryson Phillips Grossman PLLC and Kopelowitz Ostrow P.A.
The Prime energy drink class action lawsuit is Vera v. Prime Hydration LLC, Case No. 1:24-CV-02657 in the U.S District Court for the Southern District of New York.
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