Author: Rosenberg & Gluck, LLP
People looking for an energy boost traditionally drank coffee or tea. Today, we have many more options, including a variety of energy drinks. Recently, a popular drink called 5-Hour Energy has come under legal scrutiny. ABC News reports that the FDA (Food and Drug Administration) and New York Attorney General’s office began investigating 5-Hour Energy after linking it to 13 deaths and 33 hospitalizations over the past four years.
The 5-Hour Energy drink comes in two ounce packages and provides a caffeine boost equal to two cups of coffee. Apparently the concern is that when consumers drink multiple cans, the amount of caffeine reaches exorbitant amounts equivalent to numerous cups of coffee. People cannot normally drink 30 to 40 eight ounce cups of coffee in a day, which would be toxic and a health danger. However when 16 ounces is reduced to 4 ounces, greater consumption becomes possible. Also, children and people with medical conditions may be subject to more severe reactions when increasing caffeine intake.
From a legal perspective, the drink may become a products liability issue in violation of failure to warn laws. A reasonable comparison is medications that fail to advise consumers about the risk of side effects. When manufacturers fail to warn consumers about risks, they are frequently subject to products liability lawsuits.
If you or a loved one suffers injury from a dangerous food or medication, consult a Long Island products liability lawyer about the prospects of taking legal action. Rosenberg & Gluck, LLP has decades of experience handling cases that involve defective products and can help you recover compensation for damages.