Maryland Injury Lawyers Blog

Another small step forward in the battle to stop energy drink companies from marketing to teenagers and young adults. The FDA responded to Sen. Blumenfeld and Sen. Durbin's concerns about energy drinks and has acknowledged that the agency is looking into the safety of energy drinks and how they are marketed.

On November 21, 2012 the FDA responded to Senator Durbin and Senator Blumenthal's request for additional information about concerns related to energy drinks. The Senators had asked the FDA for additional information about possible interactions between the additives in energy drinks such as taurine, guarana and panax ginseng and caffeine; and also about the impact of energy drinks on young people. The FDA stated that

"In particular we are looking at whether products that may be safe for most individuals under labled use condition s may pose significant risks arising from direct toxic effects when the products are consumed in excess or by vulnerable groups, including young people and those with pre-existing cardiac or other conditions."

The FDA expressed agreement that the synergistic effects of caffeine and other ingredients in energy drinks is of concern, but indicated that it is not practicable for the FDA to do government funded toxicity studies of all of the various combinations.

In order to address Senator Durbin's concerns about the increasing consumption patters amongst young people of caffeine, the FDA indicated that an analysis was done of caffeine consumption in the US population in 2009 and 2010 titled "Caffeine Intake by the U.S. Population" by Laszlo Somogyi, Ph.D. The results of this study somehow showed that most caffeine is consumed by young peopell in the form of coffee, soft drinks and tea rather than from energy drinks. I do not agree with the FDA's analysis on this point. With the explosion of energy drinks into the U.S. Marketplace, and with their marketing often directed at teens and young adults, I think that the amount of caffeine consumed by young peope from energy drinks is actually much higher than indicated in the Somogyi reports.

The bottom line is that the FDA is not ready to regulate caffeine levels in energy drinks yet, but thanks to Senator Durbin and Senator Blumenfeld, the FDA is now forced to closely monitor the safety of energy drinks.

Michele Mital (Acting Associate Commissioner for Legislation) authored the FDA Letter11.21.2012.pdfletter, and a complete copy can be found here.

At Goldberg, Finnegan & Mester, LLC we know that after you have been in a car accident it is a very stressful time. In addition to having to recover from physical injuries, back pain, neck pain and whiplash, car crash victims have often lost their only means of transportation. Our personal injury law firm will do what we can to help you and your family through this difficult time. As a courtesy to our clients we are available to help resolve property damage issues, and in most cases there is no attorney fee at all for this.

Car accidents also often cause people to miss time from work. We will fight hard to recover your lost wages. Many people think that if they were paid for the time that they miss, then they do not have a lost wage claim. Generally speaking, if you miss time from work---even if you are paid for the time missed--you can make a claim for "lost wages" because in fact you are either losing wages or losing leave time. This legal concept is based on the "collateral source rule" which basically means that the person whose negligence caused the accident cannot benefit from the fact that one's employer gave them an employee benefit such as paid time off, paid leave or vacation time.

We recently received favorable feedback from one of our clients and we wanted to share this.

Attention to our friends in Maryland, Washington, D.C. and Virginia---- There have been 6 crashes in the last 72 hours at the entrance to northbound 495 between the Springfield Interchange and Braddock Road. The Washington Beltway (I-495) recently added several new express lane entrances to northbound 495, and as a result of this new roadway condition drivers are confused and making mistakes. You must have an EZ Pass to use the new express lanes. Apparently drivers are realizing that they need an EZ Pass, and then making abrupt lane changes and this is causing the accidents (Frankly, the roadway is not marked very well). PLEASE BE CAREFUL!

To address this problem the lane markings have been extended and crews are planning to add roadway markings as far out as a mile before the express lanes warning of the need for an EZ Pass in the left lanes.

The 6 crashes all occurred adjacent to the northbound express lanes near the Springfield Interchange and Braddock Road.

Anyone injured as a result of these new roadway markings should consider contacting a lawyer. We provide free telephone consultations to accident victims and there is no attorney fee unless we make a recovery for you.

This roadway project was undertaken by Virginia Transportation Department and two private companies named Transurban and Fluor. They say that the new design is to decrease congestion, but in my opinion it was done just to make more money off of the toll roads.

Call us at 301-589-2999 if you are involved in a car crash want a free phone consultation about your rights and what you should and should not do.

5-Hour Energy shots can cause serious injury or death to anyone with an underlying heart condition (many people who consume the product may have undiagnosed heart conditions and are therefore at risk). We are urging our friends, family members and clients to stop using 5-Hour Energy because of uncertainty regarding its safety.

While 5-Hour Energy is not marketed to teenagers in the same manner that other energy drinks are, the warning label on the product and disclosures are problematic. For example, 5-Hour Energy does not disclose the specific amount of caffeine in its product other than saying that it "Contains caffeine comparable to a cup of the leading premium coffee." (and even this disclosure is in such small print that it nearly impossible to read without a magnifying glass). even this disclosure is questionable based on information reported by Consumer Reports (CR) last month. CR indicates that the 1.9 oz shot of 5 hour energy has 215 mg of caffeine, and that an typical 8 oz cup of coffee has 100 mg of caffeine.

Another problem with the 5-Hour energy label is that they do not indicate the amount of Taurine in their product. Instead they just list that 1870 mg of a myster "energy blend" is in the shot. While this type of disclosure is permissible under the Dietary Supplement Act (thanks to good lobbying by the energy drink and supplement industry), it puts the public at risk.

The biggest problem with the label is that the print is so tiny that it is nearly impossible for consumers to read without squinting.

What makes no sense to me is that the FDA has all of these adverse event reports regarding various energy drinks including the thirteen 5 hour energy deaths YET THE FDA HAS NOT WARNED THE PUBLIC ABOUT THIS. Now that the media is reporting on the issue the FDA says it is investigating whether the injuries and deaths are related to the energy drinks. But what have they been doing the last 4 years? In my opinion the FDA has been asleep at the wheel regarding energy drinks, and these adverse event reports just accumulate and nobody from the FDA or the energy drink companies for that matter investigates them.

If you or someone you care about has suffered a heart attack or death after consuming 5 hour energy or a similar product, contact us at 888-213-8140. We will provide a free telephone consultation and determine what the next steps should be.

Do you have any idea how many fatal car accidents there are in the State of Maryland?

In 2010 there were just 493 fatalities in Maryland and this was 56 fewer than in 2009.

According to the MVA Website, between 2003 - 2007 there were 575-600 fatal crashes per year. In 2010 32,885 people died in car crashes throughout the USA. It is interesting to note that the number of fatal car accidents is actually going down in Maryland and throughout the USA. This is most likely because of enhanced safety features on vehicles, and less people are driving. It may also be due to the fact that fewer people are driving drunk. According to the federal government, drunk driving fatalities declined by about 4.9% in 2010.

If you or someone you love is involved in a fatal car crash in Maryland, there are things that you should do to protect your rights. Hiring a lawyer immediately after a fatal crash is a great idea, but many families do not do this because they are overwhelmed by grief and other stressors including planning the funeral. A lawyer can be helpful in making sure that a proper investigation of a fatal car crash is done. A lawyer can also evaluate whether the vehicle needs to be preserved to investigate a product liability case.

IF YOU ARE INVOLVED IN A MARYLAND CAR ACCIDENT ACCIDENT CALL US AT 301-589-2999 FOR A FREE PHONE CONSULTATION.

Families who lose loved ones in car crashes in Maryland should also know that there will almost always be $2,500.00-$10,0000 in Personal Injury Protection Benefits available, and this will be paid out as soon as the estate is set up. A lawyer can be helfpul in expediting this process, and many lawyers do not charge an attorney fee for helping with the PIP Claim.

Dietary Supplements such as Jacked (aka Jack3d) and OxyElite Pro can be dangerous because they contain DMAA (dimethylamylamine). The Food and Drug Administration has received 42 adverse event reports on products containing DMAA, products containing DMAA have been banned from US Army bases, and Canada has banned DMAA products. Yet products containing DMAA are still apparently available at stores in the USA. Therefore, we are warning our friends, family and clients not to use any dietary supplements containing DMAA.

The FDA is currently investigating the safety of DMAA (dimethylamylamine). There are concerns that DMAA products may be linked to liver failure, heart attacks, loss of consciousness, rapid heartbeat and even death. The products containing DMAA are generally marketed as "dietary supplements" and are therefore not regulated or pre-approved by the FDA.

In April 2012 the FDA issued warning letters to 10 manufacturers and distributors of products containing DMAA (sample warning letter). The FDA position is that before products containing DMAA are marketed to the public, the companies that make the products must provide evidence of safety to the FDA which they apparently had not done. Unfortunately, Federal Law is a bit murky in this area and it gives the makers of OxyELITE and Jack3d and other supplements wiggle room. The applicable law is the Dietary Supplement Health and Education Act of 1994 (DSHEA). The FDA position is that synthetically produced DMAA is not a "dietary ingredient." and therefore the manufacturers/marketers must establish that it is safe. Some of the products referenced in the FDA DMAA warning letters are: Biorhythm SSIN Juice, Lean Efx, SPirodex, PWR, Napalm, Code Red, Hemo Rage Black, Lipo-6, MethylHex 4, Nitric Blast, Oxy Elite Pro, and Jack3D.

In an Article on WebMD, Pieter Cohen, MD, an internist and Harvard Medical School Professor, says "It is more potent than ephedra, and ephedra is already removed from the market......At best DMAA is a waste of money and at worst it can damage your health."

The bottom line is that weightlifters, gym rats, and athletes should not use products containing DMAA. If you or anyone you know is injured as a result of using a dietary supplement please contact us at (301) 589-2999. We are investigating product liability, negligence and wrongful death claims resulting from the use of dietary supplements containing DMAA.