A consumer class action suit was filed against Prime Hydration LLC, a sports drinks company founded by YouTube celebrities Logan Paul and OIajide William Olatunji, also known as KSI. This lawsuit was first surfaced by Law.com Radar.
The complaint was brought to U.S. District Court for the Northern District of California on August 2 by Milberg Coleman Bryson Phillips Grossman. It zeroes in on Prime’s grape-flavored drink which is advertised as containing a healthy mix of antioxidants, vitamins, and electrolytes. However, independent assessments have reportedly unveiled the presence of per- and polyfluoroalkyl (PFAS) substances, synthetic chemicals with established toxicological effects including thyroid disorders, immunotoxicity, and various types of cancer.
Within less than two years on the market, Prime Hydration has managed to secure sixth place in U.S. sports drink sales, generating $250 million in its initial year. The product is marketed as a healthy, beneficial hydration drink packed with nutritious ingredients and free of substances identified as potentially hazardous to human health.
The plaintiff, Elizabeth Castillo, seeking independent verification found that Prime contains PFAS, a conclusion she alleges is entirely inconsistent with the company’s depiction of their product. Because of this inconsistency, Castillo maintains she and other class members have suffered injury resulting in economic damages.
Apart from the accusations of false and deceptive representation from the company, Prime is also criticized for asserting the sports drink is free from artificial colors and flavors, as PFAS, being synthetic chemicals, could be classified as artificial. The believe that Prime intentionally misleads health-conscious consumers, downplaying the harmful effects of PFAS, has been expressed.
The accusation goes as far as to state that the company’s marketing campaign aims to manipulate potential customers into believing their product is safer than competitors not free from ‘artificial flavors’. Castillo argues that Prime was aware, or should have been aware, that their product contained PFAS and how the misrepresentation could deceive customers.
Moreover, Castillo alleges that the presence of PFAS not only misbrands but also illegalizes the product’s sale. She asserts claims for violation of the Magnuson-Moss Warranty Act, the California Consumer Legal Remedies Act (CLRA), the California Unfair Competition Law (UCL), the California False Advertising Law (FAL), and breach of implied warranty under the Song-Beverly Act.
Representing other consumers affected, Castillo is seeking an order declaring the suit as a class action, certification of the proposed classes, her appointment as class representative, and her counsel’s appointment as class counsel. She is also asking for a jury trial, damages, civil penalties, actual damages, statutory damages, attorneys’ fees, and litigation costs for her and the classes, and pre-judgment interest, and punitive damages.
Trenton R. Kashima, senior counsel at Milberg Coleman Bryson Phillips Grossman and Elizabeth Castillo’s attorney has yet to comment on the situation and no legal representatives have been identified for the defendant.
The full case details can be found at here.