State AG goes after energy drink advertising

Eric Schneiderman

Eric Schneiderman (Credit: Eric Schneiderman (Getty Images))

While the mayor is taking on the supersized sodaso fight obesity, the state attorney general is going after beverage companies to be more transparent when it comes to their energy drinks.

PepsiCo, which manufactures AMP and Monster, and Living Essentials LLC, the maker of 5-hour Energy, haven't responded to a July subpoena issued by Attorney General Eric Schneiderman's office, according to a source close with the case.

The attorney general contends the companies mislead consumers about their drinks when they claim in advertisements that they contain many vitamins and minerals, the source said.

State and health officials have been looking into the effects of energy drinks on people's diets.

A spokesman for PepsiCo declined to comment about the subpoena and representatives for Living Essentials could not be reached for comment.

The mayor's office and Department of Health declined to comment.

While Mayor Michael Bloomberg's proposed ban would target sugary beverages more than 16 ounces from most city eateries, energy drinks would be treated on a case-by-case basis depending on their sugar content per fluid ounce.

Queens nutritionist Maria Moriarty said Schneiderman's subpoena is a good move because the advertising creates a potentially unhealthy demand for the drinks among kids.

"They have high caffeine content for a small amount of fluid. This could have an adverse affect for anyone who has hypertension," she said.

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