A class action lawsuit challenges advertising claims that V8 +Energy causes “no caffeine crash,” unlike other sources of caffeine.
Plaintiff Renzil Simon filed the V8 +Energy class action lawsuit against the makers of the energy drink, Campbell Soup Company.
Allegedly, Campbell Soup Company advertises that V8 +Energy contains caffeine that will not cause a “caffeine crash,” and that the caffeine will last longer than other sources of caffeine.
The V8 class action claims that the company advertises the caffeine in its beverage comes from green tea, and gives the drinker “steady energy from green tea.”
She says that “tea is associated with calming and soothing effects in part because it’s consumed slowly (hot), by the cup, and has less caffeine per ounce than caffeinated beverages like coffee.”
The V8 class action goes on to note that when tea is converted into a powdered extract like it is in the V8 +Energy drink, the caffeine content becomes higher because there is no water.
The plaintiff also states that the belief that green tea can provide a steady source of energy is not true, and in fact, tea just provides less energy than coffee or other sources.
The V8 +Energy class action alleges that tea contains L-theanine, an amino acid.
Simon says that “although caffeine is known to increase blood pressure, a high dose of L-theanine has been shown to inhibit these stimulating effects, wrongly characterized as ‘modulating’ or ‘drawing out’ the body’s absorption and use of caffeine.”
According to the V8 +Energy class action lawsuit, L-theanine and caffeine do not work together to provide a slow release of caffeine.
Allegedly, scientists agree that the metabolism of caffeine is not inhibited by other food substances and has an independent absorption rate, so Campbell’s claim that their energy drink allows for a slow release of energy is a false one.
The V8 +Energy class action lawsuit argues that “any studies purporting to support [Campbell’s] claims of ‘steady energy’ are poorly designed, incredible, and represent the view of a minority of scientists.”
According to the V8 class action, the only difference that caffeine from tea has from caffeine from coffee is the fact that because of the L-theanine in tea, it impairs attention and energy more than coffee does.
Simon then says that the quality of the caffeine is not the only misrepresentation that the Campbell Soup Company makes in an attempt to attract customers to its products.
The company allegedly misrepresents its V8 +Energy drinks as containing a blend of a number of vegetable and fruit juices, when in reality, the drinks contain mostly concentrated sweet potato juice.
V8 drinks are advertised as containing other ingredients like mango, blueberry, pineapple, and black cherry over sweet potatoes because reportedly those ingredients are more appealing to drinkers than sweet potato.
Simon is represented by Spencer Sheehan of Sheehan & Associates PC, and by Joshua Levin-Epstein.
The V8 +Energy Caffeine Class Action Lawsuit is Renzil Simon v. Campbell Soup Company, Case No. 1:19-cv-01209-ENV-JO, in the U.S. District Court for the Eastern District of New York.
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