How much is a “smidgen” of caffeine worth to energy drink consumers? Apparently not much.
That’s according to a New York Southern District court judge’s ruling last week dismissing a class action suit against Prime alleging the brand’s energy drinks contained more than the listed 200 mg of caffeine per 12 oz can.
The lawsuit, consolidated from complaints by three plaintiffs, charged Logan Paul’s beverage brand with engaging in false advertising and deceptive practices by misrepresenting the caffeine content in its drinks, alleging that independent testing found products ranging from 215 mg to 225 mg caffeine per can. Prime responded by filing a motion to dismiss the complaint for failure to state a claim and lack of standing.
Judge Katherine Polk Failla backed Prime’s argument in her opinion, arguing that the addition of 15 to 25 mg of additional caffeine, or around 7-11% more, didn’t meet the standard of false advertising.
“For those consumers seeking a jolt of energy in caffeinated-beverage form, does the inclusion of a smidgen more caffeine than advertised amount to a deceptive practice?” Failla wrote.
Furthermore, the judge noted, plaintiffs had failed to provide details on the methodology and procedure of the independent testing beyond stating it was “commissioned by Plaintiff’s attorneys.” No “non-conclusory factual allegations” — such as information on the number of cans tested and how many cans tested beyond 200 mg caffeine — were provided to the court, despite multiple opportunities.
The judge also noted that the stated willingness of one of the plaintiffs to purchase Prime again if the label was changed or the caffeine content decreased suggested the difference was not material. While the individual plaintiffs may not have purchased the items because of the difference in stated caffeine, they failed to show that a significant portion of the general public would be misled.
“It is inconceivable to this Court that a consumer singularly focused on purchasing a beverage with a significantly-above-average concentration of caffeine would be concerned, much less disturbed, by the inclusion of a tiny bit more caffeine in that beverage,” Judge Failla wrote.
Prime’s legal headaches aren’t relieved yet, though: the brand still has pending litigation with former bottling partner Refresco and rival Mas+ By Messi (Mark Anthony Brands).