Feds' Inaction On Energy Drinks Casts Shadow On NY Probe

Law360, New York (August 28, 2012, 8:32 PM EDT) -- New York Attorney General Eric Schneiderman has launched an investigation into PepsiCo Inc. and two other companies over caffeine levels in their energy drinks, but attorneys say federal regulators' refusal to crack down on the drinks earlier this month will make it difficult for him to attack the products on that front.

A person familiar with the investigation told Law360 on Tuesday that Schneiderman sent subpoenas to Pepsi, Monster Beverage Corp. and Living Essentials LLC in July, seeking documentation related to Amp Energy, Monster Energy and 5-Hour Energy, respectively.

The attorney general is examining whether the companies illegally adulterated the products...

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