Prime Hydration false advertising class action dismissed

Update:

•  A New York federal judge has dismissed with prejudice the class action lawsuit claiming Prime Hydration Drink contains excess caffeine. 
• U.S. District Judge Katherine Polk Failla ruled the alleged amount of excess caffeine was insignificant, especially considering the drink was advertised as containing nearly double that of its competitors.
• The judge also said that the plaintiffs failed to allege how many cans were tested, when they were made, when and where they were purchased, and how they were selected for testing. 
• In short, the case failed to sufficiently allege either that there was a misrepresentation or that the alleged misrepresentation was material to the product’s buyers, the judge ruled.

Prime class action lawsuit overview:

• Who: Plaintiff Lara Vera filed a class action lawsuit against Prime Hydration LLC.
• Why: Vera claims Prime energy drinks contain more caffeine than indicated on their labels.
• Where: The Prime energy drink lawsuit was filed in New York federal court.

Prime Hydration LLC misrepresents the amount of caffeine contained in some of its energy drinks, a new class action lawsuit alleges.

Plaintiff Lara Vera says she purchased Prime energy caffeine products on several occasions because she believed they contained “200mg of caffeine” as stated on the product label. 

However, product testing found they actually contained 215-225 milligrams of caffeine, according to the Prime class action lawsuit.

A cup of coffee contains approximately 100 milligrams of caffeine, and a 12-ounce can of Red Bull contains about 114 milligrams of caffeine. Therefore, Vera says consuming a Prime energy drink is similar to consuming two cups of coffee or two Red Bull energy drinks.

Alleged Prime energy drink mislabeling especially dangerous for youth, plaintiff says

Popular YouTube personalities Logan Paul and KSI announced a collaboration on the energy drinks in 2022, generating significant social media attention and increasing demand for the products. School-age children and teenage boys were particularly interested in purchasing the energy drinks, according to the class action lawsuit.

“There is no proven safe dose of caffeine for children,” the Prime energy drink lawsuit says. “Side effects for kids consuming caffeine could include rapid or irregular heartbeats, headaches, seizures, shaking, stomach upset and adverse emotional effects on mental health.”

Because of these health risks, pediatricians and parents are calling for a ban on the sale of high-caffeine energy drinks to minors, according to the class action lawsuit. 

U.S. Senate Majority Leader Chuck Schumer has reportedly already asked the U.S. Food and Drug Administration to investigate the products and their purported health claims, social-media advertising practices, the product labels and warnings and their “eye-popping caffeine content.”

Vera says the alleged Prime energy drink mislabeling violates U.S. Food Drug and Cosmetics Act regulations prohibiting false and misleading labeling of food products. 

The Prime class action lawsuit also asserts claims for violations of various state consumer fraud acts, New York deceptive practices and false advertising laws, breach of express warranty, unjust enrichment and fraud.

Last fall, a separate class action lawsuit claimed the company markets its beverages to youth despite known health risks.

What do you think about the allegations in the Prime Hydration class action lawsuit? Tell us your thoughts in the comments.

Vera is represented by Mason A. Barney and Tyler Bean of Siri & Glimstad LLP; Russell M. Busch, J. Hunter Bryson and Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC; and Jeff Ostrow and Kristen Lake Cardoso of Kopelowitz Ostrow PA.

The Prime class action lawsuit is Lara 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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