Monthly Archives: August 2012

Energy Drinks Being Investigated

Before you spend your hard earned money on energy drinks that you think will make you more productive concerning recreation or work, you should be aware that there are serious issues being raised about the marketing of energy drink products as reported below.

New York investigates energy drink makers.

On the front page of its “Business” section, the New York Times (8/29, Schwartz, Subscription Publication) reports that “the New York attorney general has subpoenaed three large makers of so-called energy drinks as part of an investigation into whether the companies are misleading consumers about how much caffeine the drinks contain and the health risks they could pose.” Eric T. Schneiderman, the attorney general, is also “looking at whether the companies – Monster Beverage, PepsiCo and Living Essentials – violated federal law in promoting the drinks as dietary supplements rather than as foods, which are regulated more strictly.” Citing an anonymous source who has been briefed on the investigation, the Times says that “state authorities are also concerned about whether all of the ingredients that go into the beverages are properly disclosed.”

In a related story, the AP (8/29) reports that “the probe is examining how the drinks are made, often loaded with caffeine and sugar, along with what critics say is a mostly useless amount of Vitamin B, and how they are marketed at sports events and sometimes in bars.” Michael Jacobson, executive director of the Center for Science in the Public Interest, remarked, “This has been a slimy sector of the beverage industry almost since the beginning,” adding that “it's just kind of playing off peoples' presumptions that they provide a benefit.”

The Wall Street Journal (8/28, Albergotti, Esterl, Subscription Publication) notes that the energy drink makers could face civil fines and penalties if they are found to have violated state laws regulating food and drugs. Additionally, they could be forced to alter their marketing and labeling.

ABC (8/29, Davies) reports in its “Business” blog that energy drinks have recently been the subject of much criticism. It notes, for instance, that “last year the American Academy of Pediatrics said some products were harmful to children and young adults because they contain large amounts of caffeine and other stimulants.” Also covering the story are: Reuters (8/28, Ax, Geller), and NBC News (8/29, Jones) “Market Day” blog


BP Accused of Passing Bad Gas

A class action lawsuit Has been filed on behalf of thousands of drivers who allege that there cars were damaged as a result of using BP gasoline. As a result BP has reportedly recalled gas sold in a number of states. At least with this issue BP does not seem to be trying to blameContinue Reading

AstraZeneca Continues to Pay for Seroquel Misdeeds

  To be certian there are very dedicated people who work inside Big Pharma to discover and market safe and helpful drugs. Unfortunately when the marketing arm takes control of the science bad things often happen. Below is anaccount of another chapter in the sad story surrounding the marketing of the drug Seroquel.   ByContinue Reading


  Many employess know secrets about what is going on within their companies that is illegal. Many are afraid to come forward eventhough the law protects them. The SEC has now provided some extra incentive.   From NJ law JournalThe significance of the first whistleblower payment from the Securities and Exchange Commission wasn’t the sizeContinue Reading

Apple wins 1 billion dollar patent suit

  What does the willful finding mean to everyone else. It probably means that the case will settle while on appeal and that Samsung will either have to develop new technology or license the technology from apple which in the end will be more important that winning the 1 billion dollar judgment. For samsung itContinue Reading

Damages Cap Ruled Unconstitutional

from AAJ President Mary Alice McLarty   Twenty years. That’s how long it took to overrule the Missouri precedent set by Adams v. Children’s Mercy Hospital (1992) and strike down a statute that set a hard cap of $350,000 on non-economic damages in medical malpractice cases.   At the core of this outstanding victory isContinue Reading

FDA names one source of cantaloupe in ongoing salmonella probe.

  In continuing coverage, the Wall Street Journal (8/24, A2, Tomson, Subscription Publication) reports that the Food and Drug Administration announced it has identified the Chamberlain Farms of Owensville, Indiana, as one source of the salmonella outbreak linked to cantaloupe, which has thus far, resulted in two deaths and at least 176 people becoming ill.Continue Reading