Energy Drink Lawsuits
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Energy Drink Lawsuits
Energy drinks contain high levels of additives and caffeine. The ingredients are designed to give a person a boast of energy. However, the drinks are causing concern over safety for consumers who consume them.
Are Energy Drinks Regulated by the Food and Drug Administration?
No. The Food and Drug Administration (FDA) does not regulate energy drinks. This is because the energy drink industry considers the drinks to be dietary supplements. Even though dietary supplements may seem like food items, the FDA does not regulate them.
Can These Drinks Cause Health Problems?
Yes. Health problems caused by consumed energy drinks include:
- An increased heart rate
- Cardiac arrhythmia
- Heart attack
- Cardiac arrest
Can an Energy Drink Be Considered a Defective Product?
It depends. A defective product is any type of product causing harm to an individual because of design defect, faulty labeling, or defective manufacturing. If an individual was injured after consuming an energy drink, they may have a claim based on a type of product defect, such as:
- Design defect
- Manufacturer defects
- Marketing/warning defects
What Do I Have to Prove to Win a Defective Product Lawsuit?
A plaintiff must prove three conditions existed to recover injuries caused by a defective product:
- The energy drink had an unreasonably dangerous defect.
- The unreasonably dangerous defect caused an injury while the product was being used as intended by the manufacturer.
- The energy drink was not changed substantially from the way it was originally sold. For example, the plaintiff did not add alcohol or other items to the energy drink before consuming it.
Can I Sue If My Relative Died Because They Drank an Energy Drink?
Yes, you may be able to file a wrongful death lawsuit if your relative died as a result of drinking an energy drink. A wrongful death lawsuit is filed by a family member of a deceased individual. The lawsuit is filed against a company or person who caused the individual’s death. Only certain family members can file a lawsuit, such as a spouse, son, daughter, or parents of the deceased.
Should I Talk to a Lawyer?
Since energy drinks are not regulated by the FDA, they are more likely to cause harm than other items you may eat or drink. If you have been harmed by consuming an energy drink, you should speak to a personal injury attorney about filing a personal injury lawsuit or becoming part of a class action lawsuit.
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Last Modified: 09-29-2015 09:30 AM PDT
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