Energy drink producers have recently been subjected to "a jolt of liability," Risk & Insurance
reports, "accused of everything from encouraging the use of their products with alcohol to marketing to children to loading their products with unknown levels of caffeine and supplements."
According to Steven J. Pudell, managing shareholder of Anderson Kill's Newark office, R&I reports, "the makers of energy drinks can derive protection for bodily damage claims from their general liability (GL) coverage" -- though they "may face similar high GL deductibles and self-insured retentions as do pharmaceutical firms."
Mr. Pudell, who has represented food industry companies, chemical manufacturers, and pharmaceutical companies in insurance recovery matters further commented, "I think these energy drinks are the grandchildren of ephedra," referring to the supplement ingredient banned in 2004 by the FDA due to linkage to serious health concerns.
Read the full story: Caffeine in a Can: A Jolt of Product Liability
About Anderson Kill
Anderson Kill practices law in the areas of Insurance Recovery, Commercial Litigation, Environmental Law, Estate, Trusts and Tax Services, Corporate and Securities, Antitrust, Banking and Lending, Bankruptcy and Restructuring, Real Estate and Construction, Foreign Investment Recovery, Public Law, Government Affairs, Employment and Labor Law, Captive Insurance, Intellectual Property, Corporate Tax, Hospitality, and Health Reform. Recognized nationwide by Chambers USA for Client Service and Commercial Awareness, and best-known for its work in insurance recovery, the firm represents policyholders only in insurance coverage disputes - with no ties to insurance companies and has no conflicts of interest. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates. Based in New York City, the firm also has offices in Ventura, CA, Stamford, CT, Washington, DC, Newark, NJ, and Philadelphia, PA.
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