In their Food Litigation column, Michael Gruver and Glenn Pogust of Kaye Scholer write that increased attention from federal regulators has accompanied the rising popularity of caffeine in new types of products and at levels far higher than those found in coffee or colas. As often happens when the FDA expresses concerns over the safety of a class of products, litigation concerning caffeinated foods and beverages has also increased during the last year.
Preemption and Jurisdiction Defenses in Caffeine Litigation
New York Law Journal
July 11, 2013