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New York State to Investigate Energy Drink Advertising Claims

NY attorney general Eric Schneiderman has subpoenaed 3 energy drink companies for an upcoming investigation into whether they misled consumers about the health risks their products pose.

New York attorney general Eric T. Schneiderman has subpoenaed three large energy drink manufacturers as part of a forthcoming investigation into whether the companies are misleading consumers about the health risks their products pose. Also at issue is whether the companies – Monster Beverage, PepsiCo and Living Essentials – violated federal laws by promoting their energy drinks as dietary supplements rather than foods, which are regulated far more strictly. The safety of energy drinks has become a hot-button issue as of late, as increasing concerns have been raised about the safety of the popular beverages, which have recently been linked to serious side effects such as dizziness, irritability, nausea, nervousness, heart problems, and severe allergic reactions.

Free Energy Drink Lawsuit Evaluation: If you or a loved one has been injured by an energy drink, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.

What’s the problem?

In addition to the concerns over energy drink manufacturers’ questionable marketing tactics, New York state authorities are also attempting to determine whether all of the ingredients that go into the beverages are properly disclosed. Investigators are also examining whether some ingredients, like black tea extract and guarana, may contain caffeine that is not indicated on drink labels.

Attorney General Schneiderman issued the subpoenas last month, and more companies could face requests for information in the future. The three main beverages currently targeted by the investigation are Monster Energy Drink, PepsiCo’s AMP, and 5-Hour Energy, which is manufactured and marketed by Living Essentials.

In 2010, the U.S. Food & Drug Administration (FDA) sent warning letters to four companies that sold alcohol-containing energy drinks – Charge Beverages, New Century Brewing, Phusion Projects and United Brands – regarding safety concerns associated with their products. Yet despite the growing controversy surrounding more traditional energy drinks, the FDA has not investigated makers of these products, which are designed to provide a quick, caffeine-fueled jolt.

The popularity of energy drinks has exploded in recent years, particularly among younger consumers. They have been a source of growing profits for beverage companies, even as demand for traditional sodas has declined. Earlier this year, Coca-Cola was considering a buyout of Monster, but with a market capitalization of over $10 billion, the deal was ultimately deemed a bit too costly for the soft drink behemoth.

Studies have shown that nearly 30% of college students consume energy drinks on a regular basis. The high levels of caffeine they contain have the potential to lead to cardiovascular symptoms, especially in younger consumers who are sensitive to caffeine. Between 2005 and 2008, the Drug Abuse Warning Network reported a tenfold increase in emergency room visits linked to energy drinks. About half of the hospitalizations involved consumers between the ages of 18 and 25 who had used alcohol or other drugs.

“Consumption of energy drinks is a rising public health problem because medical and behavioral consequences can result from excessive caffeine intake,” the Drug Abuse Warning Network report concluded. “A growing body of scientific evidence documents harmful effects, particularly for children, adolescents and young adults.”

Do I Have an Energy Drink Lawsuit?

The Product Liability & Defective Drug Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Energy Drink Lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.

Free Energy Drink Lawsuit Evaluation: Again, if you or a loved one has been injured by an energy drink, you should contact our law firm immediately. You may be entitled to compensation by filing an Energy Drink Suit and our lawyers can help.

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