- Complaint lacked necessary facts about caffeine testing
- Reasonable buyers wouldn’t think ‘small surplus’ was material
Prime Hydration LLC says consumers alleging the company mislabeled the caffeine content of its energy drinks failed to plead enough facts about how they discovered the beverages contained more caffeine than advertised.
Additionally, the company says reasonable consumers of its Prime Energy line were “seeking caffeine” and that “the notion that it was materially misleading to such a consumer that they got a little more of what they wanted cannot support a claim,” according to its motion to dismiss filed Friday in the US District Court for the Southern District of New York.
The consumers said the drinks are labeled as having 200 mg of caffeine, which is already much more than many other energy drinks, but actually contain between 215 and 225 mg. The case is related to another similar one filed in May.
Prime Hydration was founded in 2022 as a collaboration between WWE champion and YouTuber Logan Paul and English rapper KSI. The company’s line of energy drinks has come under scrutiny because of its high caffeine content and popularity among teenagers.
But Prime Hydration argued the consumers can’t assert a misrepresentation claim because they “failed to include any allegations about how many cans of the Prime Energy drink were tested, when they were manufactured, when and where they were purchased, and how the cans were selected for testing.”
That information is “vital” for the court to be able to make inferences about the caffeine content in the Prime Energy drinks the consumers allegedly bought, the company argued.
In addition, the alleged misrepresentations wouldn’t be material to a reasonable consumer, the company said.
“It is common sense that Prime Energy drink consumers” wouldn’t view a “small surplus of caffeine” that amounts to a 7.5% to 12.5% increase as materially affecting the value of the products, the company argued.
The consumers also didn’t allege the price of the drink was inflated by the 200 mg of caffeine statement and would have been lower if the label had said the drink contained 215-225 mg instead, so they can’t allege they were charged a price premium, the motion notes.
Prime Hydration says the complaint should be dismissed with prejudice because these deficiencies can’t be fixed.
The consumers are represented by Siri & Glimstad LLP, Milberg Coleman Bryson Phillips Grossman PLLC, and Kopelowitz Ostrow PA.
Prime Hydration is represented by Greenberg Traurig LLP.
The case is Vera v. Prime Hydration LLC, S.D.N.Y., No. 1:24-cv-02657, 6/21/24.
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