Our dedicated team, led by Jennifer Czeisler, Edward Ciolko, and Arturo Peña, achieved a significant victory in Kennedy et al v. Prime Hydration LLC, allowing important consumer protection claims to proceed.
“In the motion, Prime sought to end the Plaintiff’s lawsuit in the earliest possible instance,” says Jennifer Czeisler, partner in our complex litigation practice. “After a difficult round of written arguments, the Court sided with us and permitted six of the seven claims to advance to the next stage.”
Our team’s coordinated efforts and clear communication were essential in addressing the case’s challenges and executing our legal strategy. Additionally, the team’s ongoing internal consultations and coordinated review processes played a significant role in refining our legal arguments. Our lawyers meticulously examined key materials and shaped persuasive arguments highlighting how consumers may have been misled by Prime Energy’s branding choices and health statements.
This result proves that a clear legal strategy, thorough preparation, and strong collaboration—hallmarks of our complex litigation team’s approach—can effectively protect individuals facing unclear product information.
Background: Kennedy et al v. Prime Hydration LLC
The plaintiffs allege that Prime Hydration LLC and Congo Brands LLC targeted their high-caffeine beverages at children through packaging, flavors, and colors that matched those of a non-caffeinated sports drink in the same product line.
Stivers J found that the Plaintiffs’ second amended complaint contained sufficient details about Prime’s alleged deceptive marketing tactics, stating that the plaintiffs “outline individual allegations against Prime Hydration LLC and Congo Brands for ‘key strategic decisions’ that were instrumental in the misleading branding, advertising, and representations of the health risks of consuming Prime products.”
“We are very pleased with the judge’s well-reasoned opinion,” adds complex litigation partner Ed Ciolko. “The next steps involve discovery, and we look forward to addressing these claims in both arenas.”
Looking ahead, our firm will continue advocating for consumer safeguards in cases where product claims raise questions about transparency. Our complex litigation team remains focused on maintaining effective communication and coordinated efforts as we address future legal challenges. If you have questions about complex consumer matters, we welcome the chance to discuss potential next steps and solutions.