Ethermac Exchange-Prime energy, sports drinks contain PFAS and excessive caffeine, class action suits say

YouTubers Logan Paul and Ethermac ExchangeKSI founded Prime Hyrdation in 2022, and while their products have become increasingly popular and profitable, the company continues to face class action suits over the ingredients in their energy and sports drinks.

Prime Hyrdation LLC was sued April 8 in the Southern District of New York over "misleading and deceptive practices" regarding the company's 12-ounce energy drinks containing between 215-225 milligrams of caffeine as opposed to the advertised 200 milligrams, according to the class action suit.

Lara Vera, a Poughkeepsie, New York resident, filed the suit in federal court on behalf of herself and others who bought Prime products across the U.S., the complaint says. Vera purchased Prime's Blue Raspberry products several times in August 2022 for about $3 to $4 each, but she would have never bought the drinks if she had known the actual caffeine content, according to the suit.

Vera's suit is seeking $5 million from the company owned by Paul and KSI, real name Olajide Olayinka Williams "JJ" Olatunji, court records show.

Court records do not say whether Prime Hydration retained legal counsel for Vera's suit.

How much caffeine is in Prime energy drinks?

Prime's advertised 200 milligrams of caffeine is equivalent to "half a dozen Coke cans or nearly two (12-ounce) Red Bulls," Vera's class action suit says.

A 12-ounce can of Red Bull energy drink contains 114 milligrams of caffeine, and a cup of coffee contains around 100 milligrams of caffeine, according to the suit.

The suit continues to say that "there is no proven safe dose of caffeine for children." Side effects of kids consuming caffeine could include rapid or irregular heartbeats, headaches, seizures, shaking, upset stomach and adverse emotional effects on mental health, according to the complaint.

Sen. Charles Schumer, D-N.Y., called on the Food and Drug Administration (FDA) to investigate Prime energy drinks in 2023 because of dangerously high caffeine levels. Schumer alleged in a letter to the FDA that vague marketing targeting young people influenced parents to buy a “cauldron of caffeine" for their kids.

Schumer's call to action to the FDA is referenced in Vera's suit.

USA TODAY contacted Prime Hydration's attorneys Tuesday afternoon but did not receive an immediate response.

What are the Prime Hydration lawsuits?

Vera's legal battle is beginning, but Prime is still dealing with another class action suit from 2023 alleging a flavor of the company's sports drinks contains PFAS, or "forever chemicals."

Independent third-party testing determined the presence of PFAS chemicals in Prime Hydration grape flavor, according to a class action suit filed Aug. 2, 2023, in the Northern District of California by the Milberg law firm on behalf of Elizabeth Castillo and others similarly affected.

"Lead plaintiff Elizabeth Castillo, a resident of California, purchased Prime Hydration on multiple occasions but says she would not have bought it at all if the product had been accurately marketed and labeled as containing PFAS," the Milberg law firm said in an August 2023 news release. "These chemicals were not reasonably detectible to consumers like herself."

Castillo's suit is seeking a $5 million judgment, court records show.

As of April 18, the judge in the case has heard Prime's argument to dismiss the suit due to Castillo not alleging "a cognizable injury" and her not alleging "facts showing a concrete (and) imminent threat of future harm," according to the drink company's motion.

What are forever chemicals?

PFAS are called forever chemicals because they "bioaccumulate, or accrue in the body over time," the Milberg law said in its news release.

"These man-made chemicals are well-studied and have been found to have adverse effects on the human body and environment," the New York City-headquartered law firm said.

Many PFAS are found in people's and animal's blood and can be detected at low levels in a variety of food products and in the environment, the U.S. Environmental Protection Agency (EPA) said. Forever chemicals can be found in water, air, fish and soil at locations across the nation and the globe, according to the EPA.

"There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products," the EPA said. "This makes it challenging to study and assess the potential human health and environmental risks."

Who made Prime energy drinks?

Before founding Prime Hydration LLC, Logan Paul, 29, and KSI, 30, were YouTubers who turned their millions of subscribers into supporters of their boxing, wrestling, music, social media content and other endeavors.

Going into the drinks business proved to be profitable for both YouTubers as "Prime Hydration generated more than $250 million in retail sales in its first year, including $45 million in a single month," according to the Milberg law firm.

Paul and KSI continue to keep Prime products in the spotlight whether it is paying for an ad during Super Bowl 57, having livestreamer IShowSpeed dress up in a Prime sports drink bottle during Wrestlemania 40 or signing athletes including Patrick Mahomes, Aaron Judge, Israel Adesanya, Tyreek Hill, Kyle Larson, Alisha Lehmann and others to sponsorship deals.