Amazon Energy Class Action Says ‘Clean Caffeine’ Claims Are Misleading

A class action lawsuit challenges Sambazon Inc.’s use of the term “clean caffeine,” to advertise their Amazon Energy drinks, as well as the company’s claims that the products are “antioxidant rich.”

The Amazon Energy class action lawsuit was filed by Steve Altes who says he purchased Amazon Energy drinks about four times within the last four years, most recently in February 2019.

Allegedly, he purchased the beverages because they were advertised as containing “clean caffeine” and as having beneficial antioxidants, which suggests that the product is healthier than others.

The Amazon Energy class action lawsuit asserts that the claims around the products containing “clean caffeine” are misleading because there is no such thing as clean caffeine.

The energy drink class action lawsuit asserts that these statements function only to entice customers into purchasing the product by misleading customers into believing that the Amazon Energy drinks are healthier than other comparable drinks.

Allegedly, Altes discovered on or around Feb. 20, 2019 that the claims made in Amazon Energy advertising are misleading and fraudulent. He says that he relied on the product’s label to make his purchasing decisions.

Altes says he was financially injured by Sambazon representations of the drinks because had he known that the caffeine in the drinks was no cleaner or healthier than the caffeine in other drinks, he would not have purchased them or would not have paid as much for them as he did.

Altes goes on to say that he and other customers paid a premium for the beverages. Altes argues that Sambazon knows that customers are willing to pay a premium for beverages that they perceive as healthier than others. Allegedly, the company knows this and exploits this fact in the interest of their own profits.

The energy drink labeling class action lawsuit asserts that the FDA determines that products are mislabeled if the advertising “fails to reveal facts material in light of such representations.”

Altes asserts that Sambazon’s failure to acknowledge that there is no such thing as clean caffeine represents a violation of the FDA’s requirements because it is an important clarifying element given the claims the company does make.

The Amazon Energy drink labeling class action lawsuit also asserts that the claims made around the drinks’ antioxidant content are misleading. Allegedly, the packaging notes that the products are “antioxidant rich” but fails to identify what nutrients are present in a way that is consistent with the legal requirements.

Allegedly, the law requires products that advertise that they are “antioxidant rich” to list the nutrients with the recognized antioxidant activity in a font at last one-half of the type size of the largest nutrient content claim, or 1/16 inch.

Altes is represented by Gregory S. Weston of The Weston Firm.

The Amazon Energy Drink Advertising Class Action Lawsuit is Steve Altes v. Sambazon Inc., Case No. 8:19-cv01340-JLS-JDE, in the U.S. District Court for the Central District of California.

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