The parents of a 14-year-old girl who allegedly died after consuming two 24-ounce Monster Energy® drinks in a 24-hour period have filed a wrongful death and strict product liability lawsuit against Monster Beverage Corp. in a California state court. Crossland v. Monster Beverage Corp., No. RIC 1215551 (Cal. Super. Ct., Riverside Cty., filed October 17, 2012). They claim that the teen went into cardiac arrest and was placed in an induced coma at Johns Hopkins Hospital to reduce brain swelling. After six days, life support was terminated, and the girl died. The plaintiffs allege that the autopsy report attributed her death to “cardiac arrhythmia due to caffeine toxicity complicating mitral valve regurgitation in the setting of Ehlers-Danlos syndrome.” The complaint contends that two of the company’s energy drinks contain 480 milligrams of caffeine, the equivalent of 14 12-ounce cans of caffeinated soda. Among other matters, the plaintiffs allege that the…
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A recent study has reportedly observed an association between heavier coffee consumption and increased risk of exfoliation glaucoma or exfoliation glaucoma suspect (EG/EGS). Louis Pasquale, et al., “The Relationship between Caffeine and Coffee Consumption and Exfoliation Glaucoma or Glaucoma Suspect: A Prospective Study in Two Cohorts,” Investigative Ophthalmology & Visual Science, September 2012. Researchers with the Channing Division of Network Medicine at Brigham and Women’s Hospital in Boston, Massachusetts, used eye examination data and follow-up questionnaires from 78,977 women and 41,202 men enrolled in health studies to determine that those who reported drinking three or more cups of caffeinated coffee each day were more likely to develop EG/EGS than those who abstained. The study also found that this risk increased for women with a family history of glaucoma, but did not identify a similar association between EG/EGS and other caffeinated products, such as soda or tea, or decaffeinated coffee. “Because this…
Two commercial liability insurance companies have filed a complaint against Phusion Projects Inc., the company that makes Four Loko®, an alcoholic beverage containing stimulants such as caffeine, guarana and taurine, seeking a declaration that “they do not owe a duty to defend or indemnify” the company in personal injury and wrongful death actions filed against it in several states. The Netherlands Ins. Co. v. Phusion Projects Inc., No. 12-7968 (N.D. Ill., filed October 4, 2012). The underlying complaints involve a California resident who was shot to death by police after consuming the beverage and acting “in an irritated, agitated, and disoriented manner”; a New York resident who sustained injuries in an auto accident with a woman who had consumed the product and allegedly drove her car in a reckless manner; a New Jersey resident who died from a stabbing in an attack by a woman who had allegedly “imbibed Four Loko”;…
A federal court in New York has denied a motion to dismiss a consumer fraud action against the company that makes Four Loko®, a beverage allegedly containing high alcoholic and caffeine content and sold without disclosing “possible negative health effects.” Yourth v. Phusion Projects, LLC, No. 11-1261 (N.D.N.Y., decided September 27, 2012). The defendant contended that the court lacked subject matter jurisdiction on the ground of mootness “because defendant has offered ‘to fully refund any amounts that Plaintiff paid for Four Loko as well as any fees and costs he incurred.’” Noting that the circuit courts have split over whether a defendant can moot a putative class action by offering to satisfy the plaintiff’s demand before a motion for class certification is filed, the court concluded that “unless plaintiff has unduly delayed in moving for certification, defendant’s offer of full relief does not moot the action.” According to the court,…
Senators Richard Durbin (D-Ill.) and Richard Blumethal (D-Conn.) have responded to the Food and Drug Administration’s (FDA’s) letter concerning actions the agency plans to take on energy drinks. While the senators “were pleased to learn that the FDA intends to release final guidance distinguishing liquid dietary supplements from beverages,” they contend that FDA’s response to their earlier request “did not address one of our greatest concerns, which include the potential interactions and cumulative effects of additives with stimulant properties in energy drinks with high levels of caffeine. While ginseng and other additives were not mentioned, your letter reviews taurine and guarana, which are generally regarded as safe (GRAS) food additives when used to add flavor.” The senators seek an explanation about the use of these ingredients to provide a stimulating effect and their safety when used this way. They also seek information about the agency’s consideration of “the unique health…
The Food and Drug Administration (FDA) has responded to Senator Dick Durbin’s (D-Ill.) letter requesting that the agency take regulatory action “to address the rising health concerns around energy drinks” purportedly containing high levels of caffeine and other ingredients such as taurine, guarana and ginseng. Among other matters, in its August 10, 2012, letter, FDA suggests that research to date shows that “even when the consumption of energy drinks is considered, most of the caffeine consumed [in the United States] comes from what is naturally present in coffee and tea.” For most healthy adults, according to FDA, caffeine intake up to 400 mg per day is not associated with untoward health effects. Additional details about Durbin’s letter appear in Issue 435 of this Update. FDA’s generally recognized as safe (GRAS) regulation for caffeine applies to cola-type beverages; the agency “has not challenged the use of caffeine in other beverages at…
Researchers with Portland State University and Washington State University, Vancouver, have reportedly detected caffeine in waters off the coast of Oregon, raising questions about the presence of other potential contaminants in the vicinity. Zoe Rodriguez del Rey, et al., “Occurrence and concentration of caffeine in Oregon coastal waters,” Marine Pollution Bulletin, July 2012. The study apparently analyzed caffeine levels at 14 coastal locations “stratified between populated areas with sources of caffeine pollution and sparsely populated areas with no major caffeine pollution sources.” Although levels ranged from below the reporting limit of 8.5 nanograms per liter (ng/L) to 44.7 ng/L, the marine ecologists noted that “caffeine concentration did not correspond with human population density and pollution source.” “Our hypothesis from these results is that the bigger source of contamination here is probably on-site waste disposal,” said one of the study’s authors. “Wastewater treatment plants, for the most part, have to do with regular…
After two years of deliberation, the Food Safety and Standards Authority of India (FSSAI) has reportedly agreed to issue draft regulations that would require energy drink manufacturers to rebrand their products as “caffeinated beverages.” Based on the findings of an expert panel convened to study caffeine and energy drink consumption in India, the draft regulations would apparently set an upper caffeine limit of 320 milligrams per liter or 320 parts per million (ppm) in caffeinated beverages, as well as prohibit any nutritive claims and the use of the word “energy” as a descriptor. FSSAI has also proposed that all energy drinks bear safety labels warning that such products (i) are “not recommended for children, pregnant or lactating women, persons sensitive to caffeine and sportspersons,” (ii) should not be consumed in excess of two cans per day, and (iii) contain a “high caffeine content.” “We had been considering the standards for…
The journal PLoS Medicine has published two articles and an editorial in a “major new series” on “Big Food” in this week’s issue, and will publish five additional related articles over the next two weeks. The editorial notes that the articles, focusing on “the role in health of Big Food, which we define as the multinational food and beverage industry with huge and concentrated market power,” were selected under the guidance of guest editors Marion Nestle of New York University and David Stuckler of Cambridge University. Contending that Big Food has “an undeniably influential presence on the global health stage,” the editorial introduces the other articles and observes, “We decided not to provide a forum for the industry to offer a perspective on their role in global health, since this point of view has been covered many times before and fails to acknowledge their role in subverting the public health agenda,…
U.S. Senator Dick Durbin (D-Ill.) has urged the Food and Drug Administration (FDA) to “take regulatory action to address the rising health concerns around energy drinks” in an April 3, 2012, letter to FDA Commissioner Margaret Hamburg. Durbin’s action follows the December 2011 death of a 14-year-old girl that the lawmaker attributed to “caffeine toxicity after drinking two 24 ounce Monster Energy drinks in a 24-hour period.” Noting that FDA has the authority to regulate caffeine levels in soft drinks and additives in beverages, Durbin asked FDA to clarify whether energy drinks should be regulated as beverages or dietary supplements. “Most energy drinks are currently marketed as dietary supplements, therefore they do not need to establish evidence of their products’ safety or adhere to a limit on the level of caffeine,” he wrote. “At the same time, many energy drinks come in single-use containers ranging from 8 ounces to 32…
