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Expert Analysis

Energy Drink Cos. May Find State AG Suits Hard To Swallow

Law360, New York (August 29, 2014, 10:32 AM EDT) -- Long in the crosshairs of Congress and personal injury attorneys, the makers of energy drinks may now face a new type of challenge to their products in the wake of recent lawsuits filed by the attorneys general of three states. Previous litigation involving energy drinks focused on the alleged health risks of these products or claims that they are improperly marketed to children, often based on allegations that these products contained excessive amounts of caffeine. These new lawsuits, however, make use of state false advertising statutes to attack fundamental claims regarding how one specific energy drink works and the benefit it provides to the consumer....

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