YouTubers Logan Paul and KSI founded Prime Hyrdation in 2022, and while their products have become increasingly popular and profitable, the company continues to face class action suits over the ingredients in their energy and sports drinks. Prime Hyrdation LLC was sued on April 8 in the Southern District of New York over “misleading and deceptive practices” regarding the company’s 12-ounce energy drinks containing between 215-225 milligrams of caffeine as opposed to the advertised 200 milligrams, according to the class action suit.
Lara Vera, a Poughkeepsie, New York resident, filed the suit in federal court on behalf of herself and others who bought Prime products across the U.S., the complaint says. Vera purchased Prime’s Blue Raspberry products several times in August 2022 for about $3 to $4 each, but she would have never bought the drinks if she had known the actual caffeine content, according to the suit.
Prime’s advertised 200 milligrams of caffeine are comparable to “half a dozen Coke cans
Vera’s suit is seeking $5 million from the company owned by Paul and KSI. Court records do not say whether Prime Hydration retained legal counsel for Vera’s suit.
According to Vera’s class action suit, Prime’s advertised 200 milligrams of caffeine are comparable to “half a dozen Coke cans or nearly two (12-ounce) Red Bulls.”
A 12-ounce can of Red Bull contains 114 milligrams of caffeine, and a typical cup of coffee contains around 100 milligrams of caffeine. The lawsuit also states that “there is no proven safe dose of caffeine for children.” Potential side effects of children consuming caffeine, as mentioned in the complaint, include rapid or irregular heartbeats, headaches, seizures, shaking, upset stomach, and adverse emotional effects on mental health.
In 2023, Senator Charles Schumer of New York called on the Food and Drug Administration (FDA) to investigate Prime energy drinks due to their dangerously high caffeine levels. Schumer alleged in a letter to the FDA that the company’s vague marketing targeting young people influenced parents to purchase a “cauldron of caffeine” for their children. Schumer’s call to action to the FDA is referenced in Vera’s suit. Vera’s legal battle is beginning, but Prime is still dealing with another class action suit from 2023 alleging a flavor of the company’s sports drinks contains PFAS, or “forever chemicals.”
Independent third-party testing revealed the presence of PFAS chemicals in Prime Hydration’s grape flavor
According to a class action lawsuit filed on August 2, 2023, in the Northern District of California by the Milberg law firm on behalf of Elizabeth Castillo and others affected, independent third-party testing revealed the presence of PFAS chemicals in Prime Hydration’s grape flavor.
The lawsuit alleges that plaintiff Elizabeth Castillo, a California resident, purchased Prime Hydration multiple times but would not have done so if the product had been accurately marketed and labeled as containing PFAS.
The Milberg law firm stated in an August 2023 news release that “these chemicals were not reasonably detectable to consumers like herself.”
Court records indicate that Castillo’s lawsuit is seeking a $5 million judgment. As of April 18, the judge in the case has heard Prime’s argument to dismiss the suit, citing Castillo’s failure to allege “a cognizable injury” and her failure to allege “facts showing a concrete and imminent threat of future harm,” according to the drink company’s motion.
The U.S. Environmental Protection Agency (EPA) has stated that many PFAS chemicals are present in the blood of both people and animals, and they can be detected at low levels in various food products and the environment. These “forever chemicals” can be found in water, air, fish, and soil in locations across the nation and around the world, according to the EPA.
The agency also noted that there are thousands of PFAS chemicals, and they are present in a wide range of consumer, commercial, and industrial products. This complexity makes it challenging to study and assess the potential risks to human health and the environment.