• On July 9, 2023, Senator Schumer (D-NY) called for the FDA to investigate “PRIME” energy drinks due to their high caffeine content and direct marketing to children and teenagers.

• PRIME is a popular beverage brand among younger populations, offering product lines geared toward post-workout recovery and energy.  The energy product line beverages contain 200 milligrams of caffeine in a 12-ounce serving and come in flavors such as “Ice Pop”, “Tropical Punch”, or “Blue Raspberry”.

• FDA states healthy adults can consume 400 milligrams of caffeine per day without experiencing harmful negative effects but has not set an amount for children.  The American Academy of Child and Adolescent Psychiatry says there is “no proven safe dose of caffeine for children” and that teens between ages 12-18 should not have more than 100 milligrams of caffeine per day.  In response to Schumer’s call for action, PRIME released a statement supporting the drink’s safety indicating the beverage falls “within the legal limit of the countries it’s sold in” and that it had “complied with all the FDA guidelines before hitting the market.”

• Currently, FDA does not have a specific category of regulation for energy drinks but companies are responsible for self-monitoring caffeine levels in their product and ensuring those levels are “safe under the intended conditions of use.”  FDA indicated it will respond to Schumer directly and that it may collaborate with the FTC to review PRIME’s marketing claims.