The maker of the Prime beverage line has been sued over claims of its beverages containing both so-called "forever chemicals" and excessive caffeine.
The class-action lawsuit against Prime Hydration LLC was filed on April 8 in the Southern District of New York. Poughkeepsie, New York resident Lara Vera filed the suit in federal court on behalf of herself and other shoppers who purchased Prime products across the country.
The plaintiffs accused Prime Hydration of "misleading and deceptive practices" concerning the company's 12-ounce (oz) energy drinks. Despite being advertised as having only 200 milligrams (mg) of caffeine, the drinks actually contain between 215 mg and 225 mg.
According to Vera, she bought Prime's Blue Raspberry products several times in August 2022 for about $3 to $4 each. However, she added that she would have avoided them if she had known the actual caffeine content. The Poughkeepsie resident is seeking $5 million from Prime Hydration, USA Today reported. (Related: Michelle Obama’s juice brand fails health standards set by her husband’s administration.)
The suit pointed out that Prime's 200 mg of caffeine is equivalent to "half a dozen Coke cans or nearly two 12-oz Red Bulls." One 12-oz can of Red Bull energy drink contains 114 mg of caffeine, and one cup of coffee contains around 100 mg of caffeine.
It also reiterated that "there is no proven safe dose of caffeine for children." Common side effects for kids consuming caffeine may include headaches, rapid or irregular heartbeats, seizures, shaking and an upset stomach. Aside from physical side effects, the complaint also said that caffeine may have adverse emotional effects on the mental health of children.
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Moreover, the lawsuit also referenced a call by U.S. Sen. Chuck Schumer (D-NY) to the Food and Drug Administration (FDA) to investigate Prime energy drinks due to their dangerously high caffeine levels. In a letter, the senator for the Empire State said vague marketing targeting young people encouraged parents to buy a "cauldron of caffeine" for their children.
Prime Hydration also sued in 2023 over forever chemicals in its drinks
Prime Hydration was founded in 2022 by YouTubers Logan Paul and KSI (born Olajide Olayinka Williams "JJ" Olatunji). Paul has since joined professional wrestling, becoming the World Wrestling Entertainment franchise's United States Champion. Meanwhile, Olatunji has transitioned into a professional boxing career after he and Paul duked it out in the ring back in 2018.
While their products are growing more popular and lucrative, the company is still dealing with class action suits because of the ingredients in their energy and sports drinks. Prior to Vera's lawsuit, Prime Hydration was sued in 2023 over a variant allegedly containing per- and polyfluoroalkyl substances (PFAS), or "forever chemicals."
The class-action lawsuit filed Aug. 2, 2023 in the U.S. District Court for the Northern District of California alleged that Prime Grape flavor drink contained PFAS as per independent third-party testing. This complaint was filed by the Milberg law firm, which specializes in class action lawsuits, on behalf of lead plaintiff Elizabeth Castillo and other similarly affected consumers.
According to the law firm, Prime Hydration "generated more than $250 million in retail sales in its first year, including $45 million in a single month." Castillo's suit is seeking a $5 million judgment – a small amount compared to the company's profits.
A news release by Milberg said PFAS are dubbed "forever chemicals" as they "bioaccumulate," or accrue, in the body over time. The chemicals have been found to have adverse effects on both the human body and the environment, they added.
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Watch this review of Prime Hydration's Strawberry Watermelon drink.
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