Texas Attorney General Ken Paxton has launched an investigation into Celsius over how it markets its Alani Nu energy products.
The probe is centred on the Celsius-owned Alani Nutrition, which sells the Alani Nu energy drink brand.
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A statement from Paxton’s office said the investigation will focus on “whether Celsius and Alani mislead consumers regarding the safety of its product for teens and children in violation of the Texas Deceptive Trade Practices Act (DTPA)”.
According to the attorney general’s office, a 12-oz can of Alani Nu contains 200mg of caffeine, which it claims is “a level medical professionals consider dangerous for children and adolescents”.
It also said that the brand uses colourful packaging, playful design elements and branding that may appeal to younger consumers.
Such marketing raises “serious questions about whether the company is deliberately marketing a potentially harmful product to an at-risk population”, Paxton’s office said.
The announcement follows litigation brought by the family of a 17-year-old from Weslaco, Texas.
The lawsuit alleges the teen died from an enlarged heart caused by excessive caffeine consumption after drinking Alani Nu.
“Texas families deserve to know that the products marketed to their children are safe and not filled with dangerous levels of certain ingredients,” Paxton said.
“The tragic death of a 17-year-old Texas girl allegedly caused by consuming a highly caffeinated energy drink is a sobering reminder of what is at stake when companies prioritise profit over the safety and wellbeing of our children.
“I am looking into Celsius and Alani Nu to prevent more cases like this one and to ensure Texans are made aware of the any risks that come with consuming certain energy drink products.”
The attorney general’s office also cited guidance from the National Institutes of Health warning children and teens against consuming energy drinks because of risks including elevated heart rate, heart palpitations, high blood pressure, anxiety and dehydration.
It argued that, despite these concerns, Alani Nu’s packaging “typically only lists the caffeine amount and does not provide any additional warnings related to age or potential heart-health risks”.
Responding to the launch of the investigation, Celsius said: “We disagree with the allegations and characterisations in the Texas Attorney General’s announcement and expect to cooperate with the Attorney General’s office as it reviews the matter.
Celsius and Alani Nu take product safety, responsible marketing, and transparent consumer information seriously. Alani Nu energy drink labels disclose the total amount of caffeine in each can and include responsible-use guidance stating that the product is not recommended for children, people sensitive to caffeine, pregnant women, or women who are nursing. Consistent with that guidance, our company policy is not to market or sample energy drinks to anyone under 18 years of age.
“These practices reflect our commitment to responsible labeling and marketing and to providing consumers with clear information about our products.”
