Law firm launches suit against energy drink companies
Last Updated: Tuesday, May 12, 2009 | 6:05 PM ET
CBC News
A Toronto law firm has filed a class action lawsuit proposal involving a number of energy drink companies for allegedly failing to warn Ontario consumers about the health risks of drinking their products.
In its statement of claim, Juroviesky and Ricci LLP said the energy drink manufacturers and distributors violated three federal consumer protection laws because they failed to provide warnings on labels that their products — which usually contain caffeine, taurine and sugar — could cause heart problems.
Among the companies named in the claim, filed on May 7 in the Ontario Superior Court of Justice, is Red Bull Canada Ltd.
The company has not yet replied to requests for comment by CBC News.
Henry Juroviesky, managing partner of the firm leading the suit, alleged that the companies had violated the Competition Act, the Food and Drugs Act and the Consumer Protection Act.
"Consumers have a right to know about the risks of ingesting products that are marketed to them as safe," he said.
"Consumers are free to ingest things that may not be good for them, but they are required to be alerted to the risks of ingesting them. The lawsuits allege that consumers were not made aware of the health risks of these products."
'Adverse reactions' possible: lawyers
According to the statement of claim, the companies made "misleading representations" to the public by failing to show on their labels that these products can cause "adverse reactions."
According to Health Canada, there are reports of adverse reactions from mixing energy drinks and alcohol, including electrolyte disturbances, nausea, vomiting and heart irregularities.
The suit, which has yet to be certified, alleges that the companies "consistently failed" to disclose or warn Ontario residents that their energy drink products may increase blood pressure and heart rates and cause nervousness, irritability and sleeplessness.
"This failure to disclose or warn deceives or tends to deceive Ontario consumers," it reads.
Juroviesky said a study by Wayne State University in Detroit showed that drinking two cans a day of an energy drink that contains 100 milligrams of caffeine a can could increase blood pressure and heart rates.
He said consumers of these products deserve refunds because the companies failed to disclose the connection between consumption of the products and the possible development of heart problems.
The suit is seeking $20 million in general damages, $5 million in punitive damages and $1 million in administrative costs. It was filed on behalf of Toronto resident Avraham Wellman, a regular consumer of energy drinks, and covers the period from July 20, 2005, to the present.
