by Prof. Eboni Nelson, University of South Carolina School of Law
Evidently, the New York attorney general is interested in finding out the answers to this and other questions related to the content of popular energy drinks. As reported in the New York Times and the Wall Street Journal, the New York AG has subpoenaed three energy drink manufacturers (Monster Beverage, PepsiCo, and Living Essentials) to determine if their advertising and marketing practices mislead consumers. Specifically, there are concerns that some makers misstate information regarding the ingredients and possible health risks of their products. While the investigation appears to be in its early stages, it will be interesting to see if the FTC and/or individual consumer plaintiffs begin to take notice of this issue, if they haven’t already done so.
[Ed. note: This blog has previously addressed issues related to energy drink marketing, for instance here and here.]
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