Founding Partner
The U.S. Food and Drug Administration (FDA) has announced a recall impacting thousands of consumers after a packaging mix-up resulted in alcoholic beverages being mislabeled as non-alcoholic energy drinks. According to the FDA, two lots of High Noon Beach Variety 12-packs were mistakenly filled into cans labeled as “CELSIUS® ASTRO VIBE Energy Drink, Sparkling Blue Razz Edition.” This alarming error created a serious public health hazard, particularly for individuals who must avoid alcohol due to medical conditions, pregnancy, religious beliefs, or other personal reasons.
The recall affects distributors and retailers across Florida, Michigan, New York, Ohio, Oklahoma, South Carolina, Virginia, and Wisconsin. The FDA warns that any consumer who drinks these mislabeled products will unknowingly ingest alcohol, which could cause severe medical reactions, trigger harmful drug interactions, or lead to intoxication in unsuspecting individuals. While no illnesses or adverse events have been reported yet, the risk remains high for anyone who unknowingly consumes these mislabeled cans.
Accidental alcohol ingestion can have serious consequences, particularly for vulnerable populations. Children who mistakenly consume these mislabeled cans could suffer alcohol poisoning, a potentially life-threatening condition. Adults with liver disease, heart conditions, or those taking medications that interact negatively with alcohol could face severe complications. Even healthy adults could experience impairment, dizziness, or increased accident risk after unknowingly drinking an alcoholic beverage.
Moreover, this mix-up poses legal risks for anyone operating a vehicle or machinery after consuming what they believed was a non-alcoholic energy drink. An unsuspecting driver could face DUI charges or cause an accident due to impairment from hidden alcohol content. This level of negligence by the manufacturer and packaging supplier can lead to significant damages, both medically and legally, for innocent consumers.
Companies involved in manufacturing, packaging, and distributing consumer beverages have a strict duty to ensure accurate labeling. A failure of this magnitude opens the door to several potential legal claims, including:
Victims could recover compensation for medical expenses, lost wages, emotional distress, and other losses stemming from this dangerous mix-up.
If you believe you purchased or consumed one of the recalled products, it is important to take immediate action:
What legal claims can I file if I drank one of the mislabeled energy drinks?
If you consumed a mislabeled can containing vodka seltzer, you may have grounds for a product liability lawsuit. Manufacturers and distributors are required by law to ensure that all products are accurately labeled and safe for consumer use. A mislabeling error of this magnitude can constitute negligence and a failure to warn, making the responsible companies liable for any harm or financial losses you experience. Legal claims may include compensation for medical treatment, emotional distress, lost income, and other damages caused by this hazardous mix-up.
Can I sue even if I did not experience physical harm but faced other consequences?
Yes. Even if you did not suffer a medical injury, accidental alcohol ingestion can lead to other serious consequences, such as DUI charges, workplace disciplinary action, or emotional distress. The law allows victims to seek damages for financial and reputational harm caused by corporate negligence. Preserving evidence of the purchase, consumption, and any consequences you faced can help strengthen your case.
What if my child consumed the mislabeled product?
Children are at an increased risk of alcohol poisoning from accidental ingestion. If your child consumed one of the mislabeled cans, seek emergency medical care immediately. You may be eligible to file a personal injury claim on behalf of your child to recover damages for medical costs, pain and suffering, and emotional trauma caused by the company’s failure to properly label the product.
Could this lead to a class action lawsuit?
Potentially, yes. If numerous consumers across multiple states were impacted by this labeling error, a class action lawsuit could be filed. This allows all affected individuals to collectively seek compensation against the responsible parties, holding them accountable for widespread negligence. An attorney experienced in product liability cases can determine whether joining or initiating a class action is the best option for your situation.
1-800-YOUR-LAWYER (1-800-968-7529) today for a free, confidential consultation to discuss your rights and potential compensation. Regardless of your location or where your injury occurred, our nationwide product injury law firm is ready to assist you and provide your with a free consultation.
Parker Waichman LLP
Our law firm is ready to represent you in your injury case. We’ve helped many New York residents as well as those needing help nationwide. Contact our team for a free case consultation today.
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
Parker Waichman LLP
27299 Riverview Center Boulevard, Suite 108
Bonita Springs, FL 34134
We handle mass torts cases nationwide. Please contact our office to learn more.