Tag: energy

5-Hour Energy v. 8-Hour Energy: Monopolization Claim Flops

In an unfair competition suit under 15 U.S.C. § 1125, the king of the two-ounce energy shot, 5-Hour Energy, is suing the makers of 8-Hour Energy in the Eastern District of Michigan, claiming that 8-Hour Energy falsely associates itself with 5-Hour Energy.  8-Hour Energy has tried to strike back with a monopolization claim, arguing that … Continue Reading

Oil and Water Meet Caffeine and Alcohol: FDA to Look into Safety of Caffeinated Alcoholic Beverages

By Guest Bloggers Tyler Anderson and Stephanie Meier On November 13, the FDA notified nearly 30 manufacturers of caffeinated alcoholic beverages that the agency intends to look into the safety and legality of their products. As the FDA explained in a news release announcing this action, under the Federal Food, Drug, and Cosmetic Act any … Continue Reading

Another Recall From a Company That Does the Right Thing

The FDA announced a recall of fresh tuna steaks distributed to Shaw’s, Star Market and Big Y grocery stores by North Coast Sea-Foods Corp. of Boston and New Bedford.  The alleged problem was increased levels of histamine that might cause scombroid poisoning.  The tuna was removed from sale on June 24, but consumers who might … Continue Reading

Energy Drink Maker Sued Over Alleged Health Risks

The maker of Redline energy drinks has been sued in federal court in California.  The plaintiff, Zack Aaronson, is seeking class action status for his lawsuit against Vital Pharmaceuticals, Inc. (operating under the trademark VPX). The plaintiff claims that VPX failed to adequately warn consumers of potential side effects and health risks associated with consuming … Continue Reading

Food Safety Legislative Update

We wrote recently about the food safety legislation coming out of Henry Waxman’s House Committee on Energy and Commerce. That legislation, H.R. 2749, has passed out of committee and been reported to the full House for a vote. When the vote will occur is anybody’s guess. Reuters quotes Chairman Waxman as saying, “I am hopeful … Continue Reading

Nestle’s Makes the Very Best Peanut Decision

March 19's House hearings on food safety highlighted that Nestle has used its own inspectors in 2002 and 2006, who had found fault with Peanut Corporation of America's plants, while Kellogg's and others had relied on PCA's own inspections by IAB. The question is: why did Nestle's results never see the light of day and can policies be developed that allow such information to reach the public without grinding the food industry to a halt?… Continue Reading
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