The Nations Concerns about the Effects of Energy Drinks
Many individuals and organizations across the nation have voiced serious concerns over the usage of energy drinks citing that they allegedly pose severe health concerns especially to young people.
Usage of these drinks that contain caffeine is alleged to cause cardiac and cardiovascular problems that could lead to heart attack and death; neurologic dysfunction; addiction and psychological trauma; a decrease in bone density and cancer from folic acid.
Marketing practices of producers of these beverages have also faced criticism indicating that their target group is young people and the drinks essentially boost energy levels.
Energy Drinks and Personal Injury Cases
Numerous Personal Injury Cases have been initiated against the drink manufacturers citing the aforementioned allegations of injury. Marketing techniques have also found their way into the lawsuit under allegations of a failure to warn users of the dangers of the drinks; misleading or false assertions of benefits of the drinks; failure to correctly label the actual contents of the drinks and the targeting of children and adolescents in their advertising promotions.
Energy Drink Manufactures Respond
The criticism has been met by the manufacturers with a response that compares the energy drinks to a cup of coffee and also the fact that caffeine has been consumed harmlessly for many years, universally.
As of this date, the numerous lawsuits alleging the harm caused by these energy drinks are classified as personal injury cases where claims are made of serious injury or death of an individual; while other cases are alleging harm to the public due to incorrect or fallacious advertising campaigns.
Federal and State codes provide the ability for individuals to sue manufacturers of items or products when the manufacturer uses “unfair” or “misleading” conduct.
Petitioners maintain that their prime allegation is the potential of danger from cardiac toxicity from the ingestion of caffeine; which did the manufacturer, thus leading to injuries and deaths, not identify. This could lead to millions of dollars in compensatory and punitive damages if awarded.
Lawsuits and Personal Injury Claims
Private individuals have filed a number of suits against energy drink manufacturers under these laws. Often, the complaints will also allege breach of express and implied warranties and other claims under common law such as “unjust enrichment.” These cases will often be proposed as class actions whereby the decision reached in a single case involving only one or a small number of plaintiffs will be binding to hundreds, if not thousands, of claims.
Energy Drinks Under Investigation
Massive investigations are occurring with respect to the energy drinks, the advertising campaigns, the harm allegedly caused by the drinks, and the personal injury liability issues. The Food and Drug Administration has become involved and is considering the safety or danger of the Energy Drinks and it is certainly assured that whatever they decide will have an effect on the outcome of these pending lawsuits and their decision will be met with opposition and additional court review from either the plaintiffs suffering the alleged personal injury or the energy drink manufacturers denying the alleged dangers of the drinks.
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|Kenneth G. Marks has been practicing personal injury law since he was admitted to the California Bar in 1981.www.KmarksLaw.com|