FORT MYERS, Fla. (Legal Newsline) — A mother has filed a class action against the makers of Ghost energy drinks alleging they market to teens when the beverage is only intended for adults.
Angel Martinez, individually and on behalf of all others similarly situated, filed a complaint Aug. 21 in the U.S. District Court for the Middle District of Florida against Ghost Beverages, alleging violation of the Florida Deceptive and Unfair Trade Practices Act and other claims.
Martinez alleges in her class action that Ghost uses its brands Swedish Fish, Bubblicious, Sour Patch Kids and Warheads to market energy drinks and supplements to teens when they are only intended for adults. Specifically, she claims the defendant markets the products to children and teens and only discloses in fine print that it is intended for healthy adults.
She further claims the defendant partners with a leading youth-focused "esports and gaming platform," FaZe Clan, in order to attract teens, especially teen boys involved in sports. Martinez alleges the consumption of energy drinks has shown to be linked to negative health consequences for young people and that just one can of Ghost contains 200 mg of caffeine, which is twice as much what is recommended for 12-to-18-year-olds. She also alleges that the caffeine amount is misleading to consumers because it looks "like a candy-flavored drink" that is not expected to contain caffeine.
Martinez and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by William Wright of The Wright Law Office PA in West Palm Beach, Florida and Spencer Sheehan of Sheehan & Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Middle District of Florida Ft. Myers Division case number 2:23-CV-00646-SPC-KCD