Question:
The New York Attorney General began an investigation of Monster Energy Drinks, Pepsi’s AMP, and 5-Hour Energy Drinks to determine whether the companies are adequately disclosing the amount of caffeine in their drinks. The investigation focuses on the fact that there are other ingredients in the drinks such as black tea extract and guarana that are disclosed on the labels of the drinks, but the labels don’t disclose that there may be additional caffeine in those ingredients. The Food and Drug Administration (FDA) has issued a warning about combining these energy drinks with alcohol consumption because of several resulting deaths. In addition, the Department of Health and Human Services (HHS) has issued a report about the negative health impact of excessive caffeine consumption. The report included reports from emergency room physicians about young people requiring emergency room treatment because of consumption of alcohol and energy drinks. List all of the applicable layers of law involved in this energy drink situation. (Nelson D. Schwarz, “New York State Is Investigating Energy Drink Makers,” New York Times, August 29, 2012, p. B1.)