Florida Injury Lawyer Blawg
Celsius energy drinks are under recall after it was revealed that some of their products had been mislabeled and are actually High Noons, the canned vodka seltzers.
The Food and Drug Administration sent out a notice of recall, announcing that an unspecified number of High Noon’s Beach Variety packs were mislabeled as Celsius’ Astro Vibe energy drink, the Sparkling Blue Razz Edition with a silver top. These products were shipped to retailers in Florida, South Carolina, New York, Virginia, Wisconsin and Ohio from July 21 to July 23, FDA officials said.
As of July 30, no injuries or illnesses have been reported, according to reporting from NBC.
While no concrete data exists on how many people in the U.S. imbibe a can of Celsius daily, the energy drink has surged in popularity across the country. Beverage Daily, a beverage industry news source, has ranked it as the #3 energy drink by market share in convenience stores.
With its popularity, it can be gleaned that a significant number of people could unknowingly consume alcohol, posing significant health and safety risks. The issue was linked to a packaging supplier that mistakenly sent Celsius cans to High Noon’s facility, FDA officials said.
Consumers are advised to throw out any Celsius cans that could have been affected and to contact the company to get a refund.
Leesfield & Partners
Recalls play a critical role in maintaining market safety and protecting consumers from defective products. Every year, thousands of food products, automobile parts, electronic devices, children’s toys, medical devices and other household goods are recalled when they are found to pose safety or health risks. Agencies such as the Food and Drug Administration and the U.S. Consumer Product Safety Commission regularly monitor these products and any incidents that may arise to ensure the safety and well-being of consumers. When issues do come up concerning these goods, however, their manufacturers and other entities must be held accountable.
Leesfield & Partners has done just that for nearly five decades in Florida and across the country. When a product is purchased, consumers trust that it is safe to use or consumer, but countless product liability claims have shown that that is not always the case. Over the years, our skilled trial attorneys have held industry giants — including household names like Yamaha, Honda and Kawasaki — accountable for motor vehicle defects, and have driven industry-wide reforms in the safety of juvenile products. These claims are based upon strict liability, negligence and breach of warranty. Leesfield & Partners has been recognized nationally for litigating defective product claims and product liability cases.
In one case handled by Ira Leesfield, the firm’s Founder and Managing Partner, a $19.8 million award was returned for a 27-year-old man whose life was forever changed due to a motorcycle defect. This was one of the largest product liability verdicts in the country and the highest at the time against Honda.
In that case, our client was mid-ride on his Honda motorcycle when a design defect involving the bike’s kickstand caused it to deploy. The motorcycle spun out of control and a violent crash ensued. As a result of his C6 spinal cord injuries, our client became paralyzed.
Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, is handling an ongoing case involving a gun manufacturer. In that case, our client was using her new weapon at a shooting range using protective eyewear. When she discharged the polymer-framed firearm, the backing plate failed, causing the firing pin to eject and strike our client in the eye. She suffered a hematoma and an eye laceration, which have left her unable to see.
Leesfield & Partners is pursuing the maximum damages permitted by law to hold this corporation fully accountable for the harm caused by its dangerous product, Mr. Pimentel said.
“Luckily for our client, she was wearing protective eyewear,” he said. “This incident raises serious concerns with this weapon’s design.”
Previous Cases
In a case out of Central Florida, Leesfield & Partners secured a substantial settlement for a family whose 2-year-old died in a furniture tip-over incident. While the dresser was compliant with all industry standards and was not subject to any recall, a thorough investigation found that the manufacturer had not adequately warned consumers about the risks of tip-over incidents.
The case was settled for $17.5 million and the manufacturer agreed to bring about change in its furniture catalog to clearly warn consumers about the need to anchor and secure furniture to the wall.
In another product liability case, Leesfield & Partners attorneys secured $10,677,000 for the wrongful death of our client’s loved one.
Previously, Leesfield & Partners attorneys obtained a confidential settlement for a family whose baby girl was killed when a car accident caused the airbag to deploy, hitting her car seat. The child restraint was gifted to the parents at their baby shower. On the box, the product was demonstrated as being used in the front seat. Following the instructions, the child’s mother placed her in the front seat in a rear-facing position. When the airbag deployed, the 8-month-old was killed.
In the early 2000s, Mr. Leesfield traveled across the U.S. representing children and their families against ATV manufacturers that marketed these vehicles as “toys.” The U.S. Consumer Product Safety Commission reported that there are about 100,000 ATV-related injuries requiring emergency room visits in the U.S. annually. Of these ATV incidents, approximately 650 people died, the data showed. Children are particularly at risk of dying or being injured in ATV accidents, according to the American Academy of Pediatrics. One out of three ATV deaths and injuries requiring emergency room treatment involves a child under 16 years old. Children are especially vulnerable in these crashes because of their lack of experience operating such a vehicle and a lack of judgement that can result in them taking bigger and more dangerous risks.
“In the large majority of children’s deaths resulting from the use of an ATV, the child was not wearing a helmet,” Leesfield & Partners said in a previous blog post.
As a result of these cases, Leesfield & Partners attorneys obtained more than $10 million in verdicts and settlements for families. In many of these cases, the children were gifted the vehicles as birthday and/or holiday gifts.
Previously, the firm settled an ATV products liability case for $5 million, causing a ripple effect throughout the entire industry. This case was one of several handled by the firm that highlighted the instability of these three-wheeled vehicles. As a result, the ATV industry abandoned their previous design and added a fourth wheel.
Leesfield & Partners attorneys represented the family following the tragic death of their teenage daughter following an ATV crash. The girl, 15, was riding a recreational vehicle when she was killed.
The firm secured a $4.5 million settlement for the negligent entrustment of a recreational vehicle to a minor and the failure of the responsible parent to supervise the children.
Attorneys with the firm also secured a $2.5 million settlement amount for the family of a man who died after his ventilator malfunctioned from a power outage in the middle of the night. The backup battery for the ventilator lasted less than 10 minutes after the outage and the alarms — meant to go off and alert caregivers of an issue — failed.
Even though there were numerous other complaints to the manufacturer regarding this device that spanned a decade, neither the manufacturer nor the respiratory company took the necessary steps to address the issue or alert patients’ families.
The firm previously handled a case in which a 4-month-old baby was killed in a suffocation incident involving a juvenile product’s design defect. The firm reached a $1.1 million award for the grieving family in that case.
