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Friday, May 3, 2024

Mom sues energy drink maker, claims PRIME has too much caffeine

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Picpedia/Nick Youngson

BOWLING GREEN, Ky. (Legal Newsline) — A mother alleges PRIME Energy drinks are misleadingly marketed to youth as healthy when they actually contain high levels of caffeine. 

T.K., individually and in her capacity as parent and legal guardian of John Doe, on behalf of themselves and all others similarly situated, filed a complaint Sept. 12 in the U.S. District Court for the Western District of Kentucky against Prime Hydration LLC, Congo Brands LLC, Logan Paul and Olajide Olayinka Williams Olatunji alleging fraud and other claims. 

The plaintiff alleges in her class action that her 10-year-old son consumed PRIME Energy drink on multiple occasions and that he was induced by the defendants to believe the drink was a healthy electrolyte beverage without caffeine. 

She claims after continuing to buy the drink for her son, she began to notice his mood swings and sleep issues due to the high caffeine content. The plaintiff further claims that Paul and Olatunji, a rapper known as KSI, market the drink to target teenagers and youth with false health-conscious benefits when the drinks can lead to adverse health effects. 

She alleges the defendants use fun photos, colorful packaging, sweet flavorings and sports arena advertising to misleadingly market the drink as healthful in an effort to increase their profits. 

The plaintiff and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by J. Chris Sanders of Bahe, Cook, Cantley & Nefzger in Louisville and others. 

U.S. District Court for the Western District of Kentucky case number 3:23-CV-00476-GNS

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