Sen. Chuck Schumer (D-NY) asked the Food and Drug Administration on Monday to investigate the beverage company PRIME for its energy drink with high levels of caffeine that Schumer alleges is targeted at children.
"One of the summer’s hottest status symbols for kids is not an outfit or a toy — it’s a beverage. But buyer and parents beware because it’s a serious health concern for the kids it so feverishly targets,” Schumer told reporters at a press conference on Sunday announcing his intention to send a letter to the FDA.
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PRIME was started by UFC fighters and social media personalities Logan Paul and J.J. Olatunji, known as KSI, in 2022. It became the official drink of the UFC in January 2023 and has become widely available across the United States, United Kingdom, and Europe. The brand became especially popular this spring when Paul and Olatunji staged several scenes with fans pretending to be angry at the celebrities as a marketing stunt to gain media attention.
PRIME's Instagram account has 1.7 million followers, and its Twitter account has nearly 395,000 followers. Paul has 6.7 million Twitter followers and 25.9 million Instagram followers, while Olatunji has 8.8 million Twitter followers and 12.9 million Instagram followers.
Two of the company's products, PRIME Hydration and PRIME Hydration+ Sticks, contain no caffeine and are marketed as muscle recovery beverages because of their electrolyte and antioxidant content.
PRIME Energy, however, has 200 milligrams of caffeine per 12-ounce can, which is almost six times as much caffeine as the same size can of Coca-Cola and three times as much as the same size can of Red Bull.
Although Schumer's main claim is that the company does not sufficiently distinguish in its marketing the difference between its products, the FAQ page of the PRIME website has a disclaimer that the caffeinated product "is not recommended for children under the age of 18, women who are pregnant or nursing, or individuals who are sensitive to caffeine."
“This is eyepopping levels of caffeine for a child’s body, [and] because the product is billed as a hydration and sports drink in its other near-identical form, kids are likely to ingest cans of this stuff with parents unaware — and that’s a recipe for disaster," Schumer said.
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In the letter sent Monday, Schumer requested that FDA Commissioner Robert Califf investigate the company's health claims, social media marketing strategy, the warnings and labeling of its products, and whether 200 milligrams of caffeine is safe for children.
"I urge your agency to investigate Prime for its overall claims, its marketing and the caffeine content, and to seriously consider Prime’s target market of children as part of any investigation," Schumer wrote.