Prime Hydration

Prime Hydration under fire: Lawsuit claims popular drink misleads consumers – UPDATED!

Popular YouTubers KSI and Logan Paul are facing a lawsuit over their sports drink, Prime Hydration. The lawsuit alleges that Prime is marketed as a healthy beverage packed with vitamins and antioxidants, but it actually contains harmful chemicals perfluorooctanesulfonic acid (PFOS), a type of per- and polyfluoroalkyl substance (PFAS).

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Here’s a breakdown of the accusations:

Prime Hydration‚Äôs marketing under scrutiny: Unveiling the “healthy” facade

The lawsuit against Prime Hydration digs deep into the world of celebrity-endorsed drinks and their marketing tactics. Here’s a closer look at the “false advertising” claim:

Healthy image

The lawsuit argues that Prime Hydration’s marketing portrays the drink as a health-conscious product. This might involve using imagery of athletes, highlighting ingredients like B vitamins and electrolytes, or promoting it as a workout recovery drink. This image allegedly creates the impression that Prime Hydration is good for you.

“No artificial ingredients” claim

This specific marketing message is a key point in the lawsuit. The lawsuit argues that by emphasising “no artificial ingredients”, Prime Hydration positions itself as a natural and healthy option.

PFAS in Prime Hydration: The unwelcome guest

The lawsuit alleges independent testing revealed the presence of PFAS chemicals in Prime Hydration. PFAS are man-made chemicals not naturally found in healthy drinks. The lawsuit argues that these chemicals contradict the “no artificial ingredients” claim and raise serious health concerns.

Hidden health risks 

The lawsuit highlights the potential health risks associated with PFAS exposure, including cancer, thyroid problems, and developmental issues in children. This directly contradicts the image of a healthy beverage Prime allegedly portrays.

In essence, the lawsuit argues that Prime Hydration’s marketing creates a misleading picture of a healthy drink free from harmful chemicals, while allegedly containing ingredients that raise health concerns. This alleged gap between marketing and reality is the core of the “false advertising” claim.

Logan Paul’s response

@loganpaul

Addressing the PRIME accusations #ForeverHydrated @PRIME

‚ô¨ original sound – Logan Paul

Transcript:

TommyTheLawyer  0:00  

Not only is there a lawsuit against Logan Paul’s company Prime for their being PFOS, which are forever chemicals in the Prime hydration drink…

LOGAN PAUL 0:05  

Alright let’s talk about this. First off anyone can sue anyone at any time that does not make the lawsuit true. And in this case, it is not. CFOs or forever chemicals come from plastic. So in this case, they’re not talking about the actual drink, the liquid itself–Prime–they’re talking about the bottle that Prime is manufactured in. This ain’t a little rinky dink operation, we use the top bottle manufacturers in the United States. All of your favorite beverage brands, Coke, Pepsi, Tropicana, Dr. Pepper, they use these companies. If the product is served in plastic, they make a bottle for them. 

Accordingly, we follow Title 21 for the Code of Regulations for PET and all other types of bottles. The products are manufactured by our company in a manner compliant with all pertinent Current Good Manufacturing Practices by the United States Food and Drug Administration. All of our suppliers use GMP facilities. Well, let’s say they’re talking about the drink itself. Here’s where their argument really falls apart. Pay attention:

TommyTheLawyer  0:51  

But according to the testing done by one of the lawyers for the plaintiff…

LOGAN PAUL  0:55  

Woah hold it! You Saul Goodman or Walter White brother? Because this little study that was conducted by a lawyer is absolute bullshit. They’re claiming that Prime has .06 PPT (parts per trillion.) But that’s interesting because the EPA says that anything under 1.1 PPT cannot be deemed as reasonably accurate, meaning they don’t have the right tools or resources to even prove what they’re claiming. Are you following this? It means the detection limit is 66 times more than what they’re claiming we have in our drink and that’s just the detection limit. Your own state will not even take action unless it’s over 40 parts per trillion. So we don’t even think this information is factual but for the sake of this conversation, let’s continue…

TommyTheLawyer  1:30  

In one Prime hydration drink they found three times the amount of PFOA that you should consume in drinking water in your life. 

LOGAN PAUL 1:38  

We have a very big multi-million dollar filter that filters the water from the state, water you drink at home, water provided by the state, before we make it into Prime. If this claim about PFOS and PFAS is true, what is that saying about your state water? Then, according to their website, the Environmental Protection Agency’s recommendation is using one of three tactics to remove as many PFOS and PFAS as possible. Activated carbon, ion exchange treatment, and reverse osmosis. Well, we do two out of the three of those to clean the state’s water before it even becomes Prime. We don’t think these numbers are factual and we’re not the only one who caught this.. 

FoodScienceBabe  2:09  

The level that was reportedly found was below the limit of detection. And if that even was the level it is still 66 times lower than the recently established federal maximum contaminant level of four parts per trillion for PFOA.

LOGAN PAUL 2:24  

For customer safety. We retained samples of every single batch of Prime that has ever come off the production line. So if/when this plaintiff wants to come forward with the production number, we will retain samples from that batch and conduct their own independent study. We’re putting out better for you products. Meanwhile, the number one sports drink in the world just had skews banned in California for using dyes linked to cancer. That is a fact. It already happened. The difference with us is one person conducted a random study and has provided zero evidence to substantiate any of their claims. Do y’all remember a while back when they said that the FDA was investigating crime and never happened? They never called us because we follow every single guideline and regulation. 

So Tommy, the TikTok lawyer, four videos in man, farm those views, get those likes and get a haircut while you’re at it. We’ll accept an apology within the next 48 hours. Otherwise, you’re going to be representing yourself in a miserable courtroom for lying about our brand.

Screenshot 2023 02 08 200711

Get the legal help you need, with our DIY services or attorney advice. Either way, we’ve got your back.

Prime Hydration’s label: A double-edged sword?

The lawsuit against Prime Hydration aims the product’s label, alleging it deceives consumers through strategic wording and omissions. Here’s a deeper dive into the “deceptive labelling” claim:

“Free of” claims

The lawsuit points out that Prime’s label boasts of being “free of artificial colours and flavours”. This creates the impression of a natural and potentially healthier product.

PFAS: The artificial elephant in the room

The crux of the argument lies in how the lawsuit defines “artificial”. It argues that PFAS, being man-made chemicals not found in nature, qualify as artificial ingredients. Prime’s label, by not mentioning PFAS, allegedly withholds this crucial information and contradicts the “free of artificial” claims.

Highlight reel vs reality

The lawsuit argues that the label emphasises positive aspects like vitamins and electrolytes. This focus allegedly diverts attention away from the presence of potentially harmful PFAS. It’s like showcasing the healthy ingredients while downplaying a potentially unhealthy one.

Here’s an analogy: Imagine a cereal box boasting whole grains and vitamins but failing to mention added sugar. The lawsuit argues Prime Hydration’s label employs a similar tactic, potentially misleading health-conscious consumers.

The lawsuit contends that this deceptive labelling creates a false sense of security for consumers who might choose Prime Hydration based on the impression it conveys.

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Prime Hydration in hot water: Potential breaches of consumer trust

The lawsuit against Prime Hydration goes beyond just bad marketing. It alleges violations of consumer protection laws, suggesting that Prime Hydration’s actions could be legally problematic. Here’s a breakdown of the potential legal issues:

False advertising laws

Most countries and regions have laws against misleading advertising. The lawsuit claims Prime Hydration’s marketing campaign, which allegedly portrays the drink as healthy and free from artificial ingredients while containing PFAS, could violate these laws.

Deceptive labelling laws

Similar to advertising, labelling laws often prohibit misleading information on product packaging. The lawsuit argues that Prime Hydration’s label, by omitting PFAS and emphasising seemingly healthy elements, might be deceptive under these laws.

Consumer protection laws

Many regions have laws protecting consumers from unfair business practices. The lawsuit alleges that by potentially selling a product with undisclosed health risks, Prime Hydration could be in violation of these consumer protection laws.

Here are some specific laws the lawsuit might reference (depending on the jurisdiction):

Magnuson-Moss Warranty Act (US)

Protects consumers from misleading product warranties.

California Consumer Legal Remedies Act (CA)

Prohibits unfair business practices and false advertising in California.

California Unfair Competition Law (CA)

Prohibits unfair competition and deceptive acts in California business practices.

California False Advertising Law (CA)

Prohibits false or misleading advertising in California.

Song-Beverly Consumer Warranty Act (CA)

Defines consumer warranty rights in California.

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Unintended consequences

The lawsuit argues that the presence of PFAS could render the product unsafe and potentially illegal to sell. This raises the possibility of product recalls or even fines depending on the severity of the health risks and the findings of regulatory agencies.

The bottom line

The lawsuit paints a picture of Prime Hydration potentially misleading consumers and violating consumer protection laws. Whether these claims hold true will be determined by the courts. However, the lawsuit highlights the importance of transparency and responsible marketing, especially for products consumed by health-conscious individuals.

The plaintiff, Elizabeth Castillo, seeks to represent a class of all who purchased Prime Hydration. She is asking for:

  • A court order declaring this a class-action lawsuit.
  • Reimbursement for customers who bought Prime.
  • A jury trial to determine damages.
  • Legal fees and penalties to be paid by Prime.

Neither Prime nor their lawyers have commented on the lawsuit yet.

Source: https://www.law.com/therecorder/2023/08/04/prime-sports-drink-hit-with-consumer-class-action-over-allegations-the-drink-contains-toxic-chemicals-harmful-additives/?slreturn=20240322135608

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