A Massachusetts resident has filed a putative statewide class action against a Florida company that makes an energy drink, Redline® Xtreme Energy Drink, which is allegedly marketed as a dietary supplement, claiming that it misleads the public into believing that the product is “university proven with statistically competent, reliable and scientific evidence to safely and effectively increase, energy, mental focus, and reaction time,” when it is actually “associated with adverse health effects” and is otherwise inadequately labeled. Mark v. Vital Pharm., Inc., No. 14-14148 (U.S. Dist. Ct., D. Mass., filed November 12, 2014).
The plaintiff alleges that she “purchased the Product to obtain energy, for an improvement in reaction time, and an increase in mental focus,” but it “caused her to suffer adverse health effects, including dizziness, jitteriness, and heart palpitations.” Still, she seeks economic damages only, claiming that the product was worthless or that she and class members paid a price premium for it. The complaint mentions specific ingredients, such as anhydrous caffeine, evodiamine, tyrosine, yerba mate extract, green tea extract, 5-HTP , vinpocetine, and yohimbine, described as “notable for the adverse effects they cause to humans and go well beyond the Product’s goal of energy enhancement.” The plaintiff contends that the product “misleadingly represents that it is no stronger than less than two cups of coffee.”
Alleging violation of Massachusetts unfair competition law, breach of express warranty and implied warranty of merchantability, and unjust enrichment, the plaintiff seeks declaratory and injunctive relief, including corrective advertising; actual, consequential and special damages; attorney’s fees; and costs.